Just a thought...

Discussion in 'Apple Watch' started by iScheme, May 17, 2015.

  1. iScheme macrumors member

    Joined:
    Aug 21, 2012
    #1
    This is just a thought. I wouldn't be the one to do this, so before you flame like a child, just answer my question with some real answers.

    Based on the fact that apple has said many times that they are delivering these watches in order and i'm pretty sure that they have said that they will not put them in stores until most of the preorders are fulfilled, are they open to a lawsuit if they start putting watches in stores before doing what they said that would do?
     
  2. jjlannoo Suspended

    Joined:
    Oct 8, 2011
    #2
    Apple hasn't missed a delivery window yet have they? No it wouldn't matter if stores got stock before deliveries as long as they are not missing promised dates. Also even if you could sue. How pathetic would you be to sue over a watch delivery.
     
  3. edlex macrumors 68000

    edlex

    Joined:
    Apr 14, 2010
    Location:
    Miami, FL
    #3
    There is no basis for a lawsuit regardless of when they choose to stock stores.
     
  4. iScheme thread starter macrumors member

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    Aug 21, 2012
    #4
    Personally, if someone did sue, I would laugh pretty hard.
     
  5. roddenshaw macrumors 6502

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    Jun 5, 2006
    #5
    One could argue that it's a breach of contract, but in the UK at least this wouldn't give rise to any damages. For damages to be at all applicable one must try to mitigate loss flowing from those damages (in this case buying a watch in store). The result would be no actual loss.

    One could also argue that there is loss of an opportunity, given that a pre-ordered watch may realise a small profit when resold. This could theoretically give rise to damages, but it's a tenuous argument at best. Even if it was a strong argument, Apple will doubtlessly have disclaimed liability in its contract of sale, Ts & Cs, etc.

    I have no idea about the US, but given the free market/competition ideals prevalent there I would be surprised if the outcome was any different.

    Incidentally try to be more specific with your thread titles rather than creating clickbait in forums.
     
  6. ChinaRye macrumors 6502

    ChinaRye

    Joined:
    Aug 7, 2007
    Location:
    Washington, DC
    #6
    Apple is actually delivering ahead of its estimated delivery windows, so they certainly making good on their promises. Even so, it would be hard to quantify damages from not having your watch in the promised timeframe since they do not charge you until the unit actually ships.
     
  7. Subdiv macrumors 6502

    Joined:
    Jan 17, 2014
    Location:
    Colorado
    #7
    Direct quote from Apple's website:

    "Occasionally, we will confirm ship and delivery times, then learn we are unable to fulfill the order due to low product availability. In these rare cases, we will notify by email of the new ship and delivery times."

    I believe this gives them the right to ship your order at any time without breaching a contract.
     
  8. BillyTrimble macrumors 6502a

    Joined:
    Sep 20, 2013
    #8
    With regard to "flame like a child", well, .....

    Please folks. Use a more descriptive thread title. If this thread was titled, "Can I sue Apple..." then I wouldn't have to waste my time opening such an **** thread. Thanks.
     
  9. iScheme thread starter macrumors member

    Joined:
    Aug 21, 2012
    #9
    You seem upset. I've been on this forum for awhile now and I'm quite frankly bored. Not a single watch is moving and I just wanted to ask the question which I have wondered since I got my first iPad.
     
  10. shenfrey macrumors 68000

    Joined:
    May 23, 2010
    #10
    I pity any consumer lawyer that goes up against Apple, you just know they are thinking "well, sh**..."
     
  11. roddenshaw macrumors 6502

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    Jun 5, 2006
    #11
    Which is fine, but doesn't justify a clickbait/insufficiently descriptive thread title.
     
  12. TallManNY macrumors 68040

    TallManNY

    Joined:
    Nov 5, 2007
    #12
    Sue for what? What would be the damage? Complain that you are hurt because you had to wait another two weeks for your watch to come? What would be your pain and suffering? $100? $200 worth of suffering?
     
  13. Subdiv macrumors 6502

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    Jan 17, 2014
    Location:
    Colorado
    #13
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