THE LAWSUIT THAT NEVER WAS



 WRITTEN BY OLUWAGBEMISOLA FAVOUR ALIU

You may have heard about what happened sometimes around April, when Villarreal, a Mexican recounted what happened between him and Cartier in his post on X( formerly known as Twitter)


 Now for those of us that have no idea about Cartier, it is a French conglomerate that deals with the production and selling of luxury items such as jewelry, leather belt, and eye wears. It is regarded as one of the most prestigious and successful jewelry enterprise.


  Villarreal, according to his post on X purchased two sets of 18 - carat rose gold Cartier earrings displayed on their website for a price of 237 Mexican pesos which apparently amounts to $13 US dollars. He later noticed a difference in the price of the earrings he had earlier purchased on Cartier's website. Based on his post, Cartier tried to revoke his purchase by notifying him that the items he purchased were no longer available, he however refused to cancel the order. Cartier reached out to him through their employees and he was informed that the earrings was sold at a wrong price, there had been an error of the price put on their website 

It should have been 237,000 pesos not 237, they wanted to rescind the order. However as compensation he was promised a gift by them which was a bottle of Cartier Cuvèe champagne and a leather article.


    This case interestingly did not get to court, and there was no involvement of any legal practitioner, Cartier obliged Villarreal's order by sending the two set of earrings he ended up paying about $26 dollars for, what a lucky man! The issue here was a mere mistake on the part of Cartier's employees but this ended up costing Cartier over $26,000 dollars and fortunately for Villarreal two new rose gold Cartier earrings. This type of case arose from a mere commercial error, but since the goods had been paid for by him, the order was completed, he had fulfilled his own end of the contractual duty.


   An online seller can cancel an order if the buyer is yet to pay but it gets trickier when the item in question has been paid for, once payment has been made then the seller is bound by the terms and conditions of the contract which means you have to fulfill your obligations by delivering the purchased product , failure to do so might lead to the customer suing for a breach of contract, which is why business enterprises often include exclusion terms to avert this liability by reserving the right for cancellation at any time until the delivery of the order and a full refund for that customer. An exclusion clause is indeed an important term, contract terms like these are protections to help out in case of problems or any unforeseen circumstance  and remember things can indeed go wrong sometimes no matter how meticulous you and your employees are just like it did in Cartier's website error.


   This would have made such an intriguing law suit  and a standing judicial precedent if it had managed to make it to court. According to some legal experts, Villarreal would have lost the case if he had sued. Now here is a question to ponder upon who do you think would have won the case, and why?



Thanks for reading!.

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