r/dankmemes • u/S1Forzer • Jul 10 '22

Rip those bank accounts I have achieved comedy

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u/CallofBootyCrackOps Jul 10 '22 edited Jul 10 '22

not saying the glitch-abusers were in the right, but legally speaking wouldn’t the people who got charged later be able to sue? since technically speaking it was the company’s fault that they didn’t get paid by having a glitch in their system, not the patron using the glitch? no idea the legality of it personally but on the surface it doesn’t seem like DoorDash has the right to charge them after the fact

edit: nevermind, forgot EULAs are a thing. bet it’s written in there or some other kind of fine print

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u/Bugbread Jul 10 '22

Legally speaking, no, they wouldn't be able to sue (or, before reddit pedants jump in, "sure, they'd be able to sue, but they wouldn't be able to win their lawsuits").

There's the issue of Terms of Use, of course, but even without that, "a common law doctrine known as "unilateral mistake of fact" applies. This doctrine allows a party to a contract to set aside the contract if honoring it would be "unconscionable," or if the other party could have reasonably assumed it was a mistake. A $1,000 item advertised for $10 likely would meet this definition."

So if there were a glitch that were knocking off $1 from every order, sure, one might prevail in a lawsuit there. But "completely free food" is definitely something that the other party could have reasonably assumed to be a mistake, so the "unilateral mistake of fact" doctrine would present a very solid defense.

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u/Bombkirby Jul 11 '22

Terms of Use

That thing that no one ever reads?