Originally Posted by onceuponamac
It doesn't matter how long the contract is - any party to a contract can breach it's obligations during the term of the contract. The breached party has the ability to seek a rememdy at the time of breach. There is no obligation to wait until the end of the term of the contract.
True, it doesn't matter how long the contract period is, and that any party can breach its obligations during the term of the contract (otherwise, how would have you a breach of contract, if the contract is concluded without any breach during its term?). Yes, you can seek a remedy at the time of breach, without waiting for the conclusion of the contract (this is a very general statement, of course, with a number of exceptions, depending on context).
HOWEVER, the point of this is that there has been NO BREACH OF CONTRACT here. Your frustration does not give rise to a breach. What specific obligation, or duty, did Apple breach vis a vis the "contract" between you and Apple. You purchased a phone at a price mutually agreed upon. They provided it, along with a limited warranty. You used it and/or are still using it as it was intended to be used.
Based upon what you are saying, you seem to be trying to make a case that Apple fraudulently induced you into purchasing this iPhone based upon some vague promises of future enhancements (in that regard, what time period did Apple set forth when these enhancements would arrive, and what specific enhancements did APPLE say would be provided?).
If your claim is for fraudulent inducement into the purchase...then, good luck and be wary of whatever state you file a lawsuit in, as that state very well may have penalties for the filing of unmeritorious lawsuits. Again, since I mentioned Florida before, I can tell you that Florida does pursuant to Fla.Stat. s57.105. Surely, this statute does not stop crap lawsuits from being filed, but penalities can, and many times, are attached for doing so.
Additionally, I never reviewed the terms of my "contract" with Apple...wait, I don't have one. I have one with AT&T. However, if you actually have a contract with Apple you may want to check provisions such as an award of attorneys' fees to the prevailing party and/or arbitration clauses. Apple is not stupid, and you can rest assured that they are prepared to handle what comes at them in the way of angry customers. Personally, I don't think it was smart of Apple to "do this" to their loyal or enthusiastic customers. However, they may have something in mind, or they simply may not be concerned. Either way, time will tell how, or if, this ever affects Apple (yesterday's stock price dip notwithstanding).
Lawsuits are not the way to handle a situation like this. They are not cheap (in terms of out of pocket costs, or lost time dealing with it), and you can bet Apple will fight like hell.
Thus, as I said before I think you should be able to vent all you want here about the perceived inequities of Apple's action yesterday; however, advocating the filing of a lawsuit over this is foolhardy, especially when you have no true basis for such a lawsuit. At the end of the day, even if you were able to muster up an attorney who would take the case (likely a class action lawsuit, to make it financially worthwhile to the attorney), and even if you "win," you would see very little in return.