> Of these and other causes of action typically alleged in these situations, the breach of contract claim is often the clearest source of a remedy.

That's a strange claim given that we're talking about a "contract" which QVC has no proof that the other party read or agreed to, and which there has been no explicit exchange ("offer" and "acceptance").

Are web-site contracts/terms even enforceable at all? According to this article[0]/case law likely not. Strange thing for a lawyer to say, but this article makes a lot of strange claims that seem inconsistent with US case law.

[0] http://www.forbes.com/sites/oliverherzfeld/2013/01/22/are-we...