5 ms·

> FastMail and you know it's not worth my time to take them to court for $15. Now, I don't know the details of the contract, but generally, the value this is a

> FastMail and you know it's not worth my time to take them to court for $15. Now, I don't know the details of the contract, but generally, the value this is about is not $15. The value is the damage caused by them failing to fulfill their contracts, which would be the discounted value of the market price of all future payments needed to replace their failure to perform. There is no general legal option for one party to a contract to simply pull out and give you back your money. They owe you what they promised in the contract, and if they don't deliver, they are liable for the damage that that causes for you.

delhanty 9y ago
Good theoretical point! If this was about serious money, that's how my lawyer would argue it. But for $15 I'm not going to try that in a small claims court in the UK say. I've been there once and the judge was one of the most condescending, pompous dimwits that I'd ever encountered.
- zAy0LfpBZLC8mAC 9y ago
  > But for $15 I'm not going to [...] Just wondering: Where did those $15 come from?
  - stevenwliao 9y ago
    Looks like OP's accounting is based on the sunk cost from years ago rather than the cost of replacing the service, which suggests that they value the service at less than $15.
    - zAy0LfpBZLC8mAC 9y ago
      Well, maybe, but I think it is much more common for people to just assume that somehow a company has the right to unilaterally cancel any contract if they pay back the customer, and that current valuation and stuff simply don't enter people's minds when considering such situations.
- vertex-four 9y ago
  The point is that it's not $15 you're out of - it's some amount per month for the rest of your life, i.e. whatever it would cost you for an equivalent email hosting plan elsewhere. If that were gmail, and you have 40 years of life left, that'd be $2400 or so. Unfortunately, I have no idea whether you could make that claim in the UK, as you signed a document which sets Victoria, Australia as the venue for lawsuits. (And that there provides the reason to purchase services from a company that has an EU presence.)

delhanty 9y ago

Good theoretical point! If this was about serious money, that's how my lawyer would argue it. But for $15 I'm not going to try that in a small claims court in the UK say. I've been there once and the judge was one of the most condescending, pompous dimwits that I'd ever encountered.

zAy0LfpBZLC8mAC 9y ago
> But for $15 I'm not going to [...] Just wondering: Where did those $15 come from?
- stevenwliao 9y ago
  Looks like OP's accounting is based on the sunk cost from years ago rather than the cost of replacing the service, which suggests that they value the service at less than $15.
  - zAy0LfpBZLC8mAC 9y ago
    Well, maybe, but I think it is much more common for people to just assume that somehow a company has the right to unilaterally cancel any contract if they pay back the customer, and that current valuation and stuff simply don't enter people's minds when considering such situations.
vertex-four 9y ago
The point is that it's not $15 you're out of - it's some amount per month for the rest of your life, i.e. whatever it would cost you for an equivalent email hosting plan elsewhere. If that were gmail, and you have 40 years of life left, that'd be $2400 or so. Unfortunately, I have no idea whether you could make that claim in the UK, as you signed a document which sets Victoria, Australia as the venue for lawsuits. (And that there provides the reason to purchase services from a company that has an EU presence.)