Dick's Sporting Goods Customers Threaten Class Action Suit

[Doc Intrepid]

The truth of the matter is that it's quite likely that by June or July, once the panic passes and prices drop back towards where they were last June or July, Dicks will be wanting to sell guns to customers.



If there is any cosmic justice, there will be a whole lot fewer buyers who buy guns from Dicks in the years to come.

Some folks have long memories.

[KyJim]

The issue of damages on a contract for the sale of goods like firearms is governed by the Uniform Commercial Code. Damages for breach of contract for services is generally governed by common law.

Article 2-713 basically provides that if a seller wrongfully fails to deliver, the seller is liable for the difference in market price and contract price plus incidental and consequential damages:

(a) the measure of damages in the case of wrongful failure to deliver by the seller or rightful rejection or justifiable revocation of acceptance by the buyer is the difference between the market price at the time for tender under the contract and the contract price together with any incidental or consequential damages under Section 2-715, but less expenses saved in consequence of the seller's breach;

http://www.law.cornell.edu/ucc/2/article2.htm#s2-713. Please note that "wrongful" here does not mean ill-will or malice, only that the seller was not legally justified. Making a bad bargain is not legal justification for breaching a contract.

Incidental damages includes things like additional shipping cots incurred, etc. Consequential losses are those suffered by the buyer which the seller had reason to know about when the contract was formed. http://www.law.cornell.edu/ucc/2/article2.htm#s2-715. There is no limit on consequential damages, though I can't see there being any here (the 10% limit would have to be set by contract and is usually referred to as liquidated damages).

Class action lawsuits can be a tremendous benefit to consumers and others who have not suffered a loss large enough to justify individual litigation. To qualify for class action status, there must be common questions of law and/or fact. Damages should ideally be the same or should be capable of ready calculation. Lawyers often stretch class actions to handle problems which were never originally intended to be litigated as class actions, IMO.

Without benefit of reading the terms of sale, I would think a class action would likely be successful against Dick's.