Food Mart

In: Business and Management

Submitted By givemethat
Words 451
Pages 2
1. Contract conditions.
Foodmart will claim that the advertising price does not reflect both the inventory and the availability of the item. Since the other party formally agreed to contract terms when signing up for the delivery, if the Foodmart shows that they are out of stock, they do not have to honor that order. The best argument that Todd can make is if he can actually prove that the store had items in inventory but refused to ship them out to him even if the items were available.

2. Foreseeable damages.
Since it is in doubt as to whether or not the store was required to sell the sauce to him in the first place, even if they violated the advertisement by not selling him the items as advertised, they are still not liable for anything that was unforeseeable on their end in terms of the other party's losses. Because they had no agreement in which the store expressely agreed to underwrite his losses, the receiving party cannot claim that the shipping party is responsible for lost profits.

When an online consumer enters a website and uses the site most of the time, unless the notice is hidden from a consumer, the terms and conditions applicable to that website will be deemed to apply to the consumer. Under Grocery's terms and conditions of sale it informs consumers that "advertised" sale prices outside of the website do NOT apply to sales on the web and that orders are limited to the inventory on hand at the "nearest" store. Because the advertisement George saw will not apply to the online purchase he attempted to make, under the terms and conditions, which form a contract with the consumer, George could not require the nearest store to obtain inventory from anyone as the terms and conditions limit sales to only from the inventory on hand at the nearest store and, moreover, he had no right to the sales price as the terms and conditions also indicate that…...

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