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  1. #1

    Default Paid For An Out-of-Stock Item

    I ordered and paid for a product at one Circuit City store for pick-up at another location 20 miles away. At the time of ordering, the system showed the product as being in stock. Upon arriving there, and after an hour of wait, they informed me that it's out of stock, and would not substitute a comparable, higher priced model.

    Does this constitute a breach of the sales contract? Thanks.

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Paid For An Out-of-stock Item

    Um, did they offer you a refund?

    A higher priced model is not comparable in the context you are using it.

    They thought they had it in inventory. They didn't. They made an honest mistake. You were inconvenienced, not damaged. At worst it's an innocent misrepresentation and your legal remedy is recission - you get your consideration(money) back and the contract is cancelled. Both parties are the same as if the contract never existed.

    I'd be upset, and might not speak well of them or do business with them in the future.

    But if you were a judge, would you want to hear this case in your court?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Paid For An Out-of-stock Item

    You have no legal remedy but that would not stop me from expecting some sort of discount from the local store on s future purchase.

    Make your feelings known with your wallet. If they do not do something to accomodate you, simply tell them that you are heading over to Best Buy or some other comepetitor.

  4. #4

    Default Re: Paid For An Out-of-Stock Item

    Thanks guys for the insight. Yes the manager did offer to refund my money. My noob question right now is that in the legal sense, what does damage mean? Is it only monetary?

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