Question

what will be points for defence lawyer in the case?

The Metro Mallards Baseball Club was concerned about the practice of "reselling" tickets to its games by per- sons who would appear at the entrances of the baseball stadium just before game time and offer tickets for sale the person in possession attempts to the usual clau to liability for injury and cancellation-of-game the ticket. as included in very fine print o back of each ticket, relat John and Jane Doe purchased a number atters ets with the intention of reselling them at th before a game. They were not aware of the eStadi the printed information on the back of each tic to ticketless patrons at premium prices. These persons, tick. known as "scalpers," would purchase a quantity of tickets in advance of the games with the intention of selling them at a profit, a practice that the club wished to curtail. The practice was also prohibited unde vincial laws. At the stadium, an employee of the clubno and Jane attempting to sell their tickets, sd John and Jane attemp ately confronted them In an effort to stop the resale of tickets (except nded that they turn over through authorized agents) the club printed the following their tickets to her. John and Jane refused to do a nearby police officer was called over to th John and Jane denied that they were attempting e at a profit the tickets they had in their possessi club employee then pointed out the terms on th the tickets to the police officer; after reading the the police officer suggested to John and Jane Do it might be advisable for them to surrender their tickets John and Jane did so, but only on the condition that the police officer hold the tickets until they could obtain legal advice. The officer agreed to do so. terms on the back of each ticket: refuser to the scene. and This ticket is a personal, revocable license to enter the stadium and view the game described on the front side hereof, and shall not be resold to any other person without the express consent in writing of the issuer or its authorized agents. Management shall have the right to refuse admission to the sta- dium to anyone in possession of this ticket of on return of the stated purchase price. The issuer, on notice to the person in pos- eession of this ticket, may revoke at any time the license represented by this ticket and recover the same without compensation if Advise John and Jane Doe. In your answer clearh identify the legal principles that would be applied in ths case to determine the rights of the parties.

Answer 1

Since the practice is also prohibited as per the provincial law, hence what John and Jane Doe are attempting to do is illegal. In addition, as the Terms and conditions are already printed on the backside of the ticket along with the caveat of revocation of license presented by the tickets without compensation in case of scalping, John and Jane Doe are on weak footing.

However, since laws pertaining to reselling of the tickets (scalping) varies from states to states and even province to province, John and Jane Doe are within their rights to not surrender the he tickets with a condition of moving to a different province/state with the tickets. They can exploit this loophole and sell the tickets in a different province / state and recover their investment.