Self-described “sports nut” Gary Baker signed up for a threeyear club-seat “pack

Question

Self-described “sports nut” Gary Baker signed up for a threeyear club-seat “package” that entitled him and a companion to tickets for 41 Boston Bruin hockey games and 41 Boston Celtic basketball games at the New Boston Garden Corporation’s Fleet Center for approximately $18,000 per year. After one year, Baker stopped paying for the tickets thinking that he would simply lose his $5,000 security deposit. New Boston sued Baker for breach of contract, seeking the balance due on the tickets of $34,866. At trial, Baker argued to the jury that although he had breached his contract, New Boston had an obligation to mitigate damages, for example, by treating his empty seats and those of others in the same situation as “rush seats” shortly before game time and selling them at a discount. New Boston argued that just as a used luxury car cannot be returned for a refund, a season ticket cannot be canceled without consequences. Decide.

Explanation / Answer

Solution:-
The consequences has not been quantified here and the chances of those seats getting empty is also not zero. In addition to that $5000 has also been paid as security deposit. So, all these amount needs to be summed up to decide what is the remaining amount that needs to be taken from Gary. But this is dependent on if the 'Terms and Conditions' specifically mentioned that in case of non-payment they'd recover the remaining amount from Gary.

But, generally in cases where a security amount is taken, this amount is supposed to take care of any loss that occurs because of the customer. Hence if the 'Terms and conditions' doesn't explicitly mention that the amount has to be claimed from the customer, they can't sue Gary.

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