Bmgt380

Tiffany Pan, a consumer, intends to order three copies of a financial software program from iSoftware, Inc. Tiffany, using her computer, enters iSoftware's website isoftware.com and places an order with the electronic agent taking orders for the website. The license provides for a duration of three years at $300 per month for each copy of the software program. Tiffany enters the necessary product code and description; her name, mailing address, and credit card information; and other data necessary to place the order. When the electronic order form prompts Tiffany to enter the number of copies of the software program she is ordering, Tiffany mistakenly types in "30." iSoftware's electronic agent places the order and ships 30 copies of the software program to Tiffany. When Tiffany receives the 30 copies of the software program, she ships them back to iSoftware with a note stating, "Sorry, there has been a mistake. I only meant to order 3 copies of the software, not 30." When iSoftware bills Tiffany for the license fees for the 30 copies, Tiffany refuses to pay. iSoftware sues Tiffany to recover the license fees for 30 copies. Who wins?

I think the first thing that needs to be determined is whether or not iSoftware took back those 27 copies from Tiffany. If they did then it’s an easy fix and Tiffany would win the lawsuit. I think that because it was a mistake iSoftware would understand and the only reason why is probably filling a lawsuit is because they do not know that they have those 27 copies back from Tiffany. However if iSoftware decides to not take back those 27 copies and decides to charge Tiffany for all 30 then Tiffany might be able to prove her innocence by saying that she was negligent and it was a mistake for her to order 30 copies vice 3. I don’t think I see iSoftware wining this case.

References

1. Cheeseman, H. (2010). Business Law: legal environment, online commerce, business ethics, and international issues, 7th edition. Pearson Education,...