Actually, I am correct. There is a ton of case law on the use of web sites in contract formation. You are wrong. For example, if I misprice something on my website and you place an order and I send an automated confirmation, I can still refuse to send you the product at that price.
Again: the website is an invitation to make an offer. You go to the website, enter your info and agree to the terms - that is you making an offer. When AT&T or apple completes performance, that is acceptance by them. THis also matches the characterization in their terms corresponding to their invitation to make an offer.
As for why everyone seems to make "snide little comments," I'm guessing you get those a lot? In my case I'm just trying to be helpful - I may have confused you for someone else, but my belief is you are about to take a bar exam, and unless it's in Louisiana I think you better brush up on contract formation.
Actually, if you go look at all these posts, a lot of people are making those types of comments to one another, not just me. But you didn't even address my question - you changed the subject and made it seem like you answered the question when the real issue is still unresolved. I completely agree with your above hypothetical. But that's not what happened in these cases. For one, AT&T has completed substantial performance once all the terms are agreed upon, the contract is signed and submitted and one's payment is accepted. At that point, AT&T has made an agreement to furnish a good at a certain time. There's a valid contract at that point, no question. Why would it make sense for me to be held to my end of the contract for the 9 days between order and shipment but not AT&T? There's lots of terms in the contract that I'm sure modify this agreement, but like I mentioned several times, this is talking about legal principles, not the actual contract itself in this situation. That's why I don't even factor in the 30-day trial periods and things like that. I'm sure there's an exculpatory clause somewhere that protects AT&T and Apple and allows for termination of the contract when there's a supply issue or whatever. It's a binding contract at that point. Offer, acceptance, and consideration. If it wasn't, then anyone should be able to place an order for something, sign the contract, and then back out 5 minutes before shipment. What if I signed a contract to purchase $300 worth of bricks from a contractor? They order the bricks for me but it takes a couple weeks to get them from their supplier. Five minutes before the bricks arrive, I decide I don't want them anymore. Based on your logic, I can just walk away and the contractor is stuck with $300 worth of bricks. There's no way I could argue that I didn't have a binding contract. That's how businesses work together - they all order stuff from each other. It makes absolutely no sense for the actual product to have to be physically delivered before the contract is binding.
Even in my hypothetical, if for some reason there wasn't a binding contract, there's still a very good possibility of obtaining some type of compensation due to obvious reliance. There's definitely a contract, but even if there wasn't the bases are still covered that way.
Like I said, this is about legal principles, NOT the actual contract itself. I'm sick of companies like AT&T just screwing over their consumers without any consequences. They can't even put your last name in their cancellation notifications. It's irresponsible and just plain unprofessional. But what can we do? Nothing except whine and complain because we all want that damn phone (myself included).
Now the fact that the ship dates and things like that might be pushed back probably won't be considered a material breach because it's surely only going to be considered a minor breach. But what about the people who relied on their orders? I bet a lot of people would have just tried to reserve in store instead. I knew I was being lied to by Best Buy when they said I'm "guaranteed" a phone but I had to go through them because I couldn't use the system and I have a gift card for them. My expectations were low so I'm not really upset at all. But it's not about me as much as it is about all the loyal Apple customers that get crapped on by the companies who can't even accept a little bit of responsibility for canceling orders without any reason. Some were legitimate, yeah, but it sounds like many weren't.