Legal Question in Technology Law in Michigan
My mom has ordered two cd's so that she can redo her computer. The place that she ordered it from told her that she would have it by the end of the next week. It did not come and she called the place and thay tell her that thay do not have anything. My question is how long should she give them to get the cd's to her and could she get someone to come to the house and do the work to the computer and than make the people that she ordered the cd's from to pay for the person to come and redo the computer.
1 Answer from Attorneys
I'm not a Michigan attorney. But, I think I can answer your question under common law. The CD people will not ever have to pay for someone to come out to work on your mom's computer just because they didn't send the CDs fast enough (or never sent them at all). It's not a reasonably foreseeable consequence of shipping delay. Additionally, I would be willing to bet that the CD people disclaimed any such consequential damages in their purchase agreement (check the fine print).