Quote:
Originally Posted by pylon
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.
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I think those are a lot bigger agreements in terms of cash and work done. It was a $40 cake and the call made was within a fairly reasonable time and during work hours (i.e not Sunday for a car dealership.)
Edit: Also agree that in the nav system case what you did and the ruling seems to be the right call.