Business Law Self-described “sports nut” Gary Baker signed up for a threeyear cl
ID: 362034 • Letter: B
Question
Business Law
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
The New Boston Garden Corporation’s fleet center can mitigate the damages though Baker had breached the contract. It does not make sense to compare reselling of tickets to reselling of used luxury car. During the season if there is a shortage of tickets, New Boston would definitely sell the tickets and mitigate the consequential damages that would have aroused out of Baker’s breach of contract and the consequential damages here are foreseeable. Once the consequential damages are recovered the case would not exist. During peak season the ticket prices goes high and New Boston would get their price for the ticket. Also the New Boston collects a security deposit of $5000 from Baker. The same amount should be used by New Boston to mitigate the damages. There are no chances of injuries more than $5000 by giving discounts on tickets. Baker need not pay $34866 to New Boston.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.