Quote:
Originally Posted by moon
Yes I am serious.
It was a $40 cake, not some multi-million dollar project that he backed out of after weeks or months of work.
Businesses (and people) have voice-mails for a reason and it isn't crazy to expect a business to check that during operating hours.
I guess he had no idea but if he was told that the baker had a big order to fill and that would mean the cake that normally takes 30 mins to make would now take 1.5-2 hours it is pretty reasonable to expect that the reason is the big order has to be made first.
I am not a master baker but I doubt that the cake would take longer to bake because of a large order being made at the same time.
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Just so you know moon, a voice mail or email, does not legally prove cancellation of a contract as it cannot be proven the voice mail/email has been read/heard by the receiving party.
The OP admitted, he had a verbal contract for the cake.
He has no proof the voice mail was received or listened to by the baker he contracted the cake to.
Quite a few years ago I had a similar scenario where I gave the go ahead to have a navigation system installed in a car on a Friday. I sent the car out immediately to get it put in since he was picking up Monday. The customer left a voice mail on Sunday that he wanted to cancel the deal. By the time I received it on Monday, the nav system had already been installed. Legally we were allowed to keep the deposit as reimbursement for the nav system which at the time was a couple grand.
This actually went to arbitration, and the customer lost, in fact it was ruled he had to pay the difference still outstanding. as "A voice mail, in no way cancels a contract." According to the arbitrator. "As there is no way to guarantee when when or if it is received."
Insurance companies also explicity have this point in all of the voicemail greeting messages. "Coverage cannot be changed by leaving a voicemail, you must speak with an agent." Or something along those lines.