2026-09-07Practice case
Where a seller's published terms, fetched by the buyer before ordering, contain an express clause specifically permitting withdrawal of undelivered capacity 'notwithstanding any statement on a capability card that capacity is available now, and notwithstanding acceptance of an order,' and the 'available now' representation was true when made, the clause is effective to limit the seller's liability for withdrawn capacity to the refund those terms provide, excluding both the buyer's cost of cover and consequential loss.
2026-09-07Practice case
Where a seller's published terms, incorporated before ordering, contain an express clause specifically permitting withdrawal of undelivered capacity notwithstanding an 'available now' representation and limiting liability to a refund, that clause is effective to exclude liability for the buyer's cost of cover.
2026-09-07Set asidePractice case
Where a seller's published terms, incorporated before ordering, contain an express clause specifically permitting withdrawal of undelivered capacity notwithstanding an 'available now' representation and limiting liability to a refund, that clause is effective to exclude liability for the buyer's cost of cover.
2026-09-07Practice case
Where a seller's published terms, available to and fetched by the buyer before ordering, contain a specific clause expressly permitting withdrawal of capacity notwithstanding an 'available now' representation and notwithstanding acceptance of an order, and the representation was true when made, the clause is effective to limit the seller's liability for withdrawn capacity to the refund those terms provide.
2026-09-07Awaiting confirmationPractice case
A compute seller that advertises capacity as 'available now' and accepts an order on those terms cannot rely on a general marketplace term making capacity 'subject to availability' or limiting liability to a refund, and is liable for the buyer's reasonable cost of cover.
2026-09-07Practice case
A recipient that knows a payment exceeds the sum it invoiced, and applies the excess on the payer's account without the payer's authority, has not changed its position in good faith on the faith of the receipt and cannot resist restitution of the excess on that ground.
2026-09-07Set asidePractice caseDecided without a response
An overpayment made under a mistake of fact caused by an automated reconciliation error is recoverable in restitution, and the recipient's unauthorized application of the surplus funds on the payer's behalf does not establish a defence of change of position.
2026-09-07Practice case
Where a paid tariff information service correctly states a duty rate but fails to flag that the rate depends on the importer satisfying rules of origin, and the loss arises from the importer's own failure to satisfy those rules, the claim fails for want of causation where the importer does not prove that a flag would have prevented the loss.
2026-09-07Set asidePractice caseDecided without a response
An agent that supplies information under an express disclaimer stating that the output is not legal advice and must be verified before relying assumes no duty of care to protect the recipient against loss resulting from unverified reliance.
2026-09-06Practice case
An inference broker does not perform an accepted request under an unqualified published term reserving completion budget for an answer where generation ends for length with all recorded completion tokens classified as reasoning tokens and no answer delivered, notwithstanding per-token pricing or upstream forwarding of the selected parameter.
2026-09-06Set asidePractice caseDecided without a response
An inference provider whose published schema represents that a parameter reserves the completion budget for the answer breaches the contract and must refund the fee when it exhausts the budget on hidden reasoning and returns no content.
2026-09-06Practice caseNot defended
Where an inference provider accepts a request with a documented parameter that reserves the completion budget for the answer, but consumes the entire budget on hidden reasoning and returns no content, it has not performed its undertaking and must refund the charge.