Do I have a breach of contract if an on-line seller didn’t deliver my product?
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Do I have a breach of contract if an on-line seller didn’t deliver my product?
I bought a cellphone on-line 3 days ago but yesterday I received an e-mail from the seller saying that the product was canceled because the manufacturer stopped producing it. Is that considered a breach of contract? o I have a case if I want to fill a law suit against this website?
Asked on November 30, 2011 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) Even if they breached the contract, if they either do not charge you or return any money you've already paid, you have no cause of action, since you did not suffer any loss. That's because you can only sue to the extent you have suffered some damage or loss, but if you get your money back, there is effectively no loss (if you sued, you could only get your money back--which means you'd be suing for what you already have). Only if they take or keep your money without giving you a phone would you be able to sue.
2) There is no breach of contract if the contract is rendered impossible by actions beyond a party's control--such as by the item no longer being manufactured. In that case, the contract is void for impossibility--which means that they have to return your money (since there is no agreement), but as long as you get your money back, there is no wrong or breach committed and no grounds to sue.
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