QUESTION

Advice about a civil suit against a ticket broker for non-delivery of promised goods

Asked on Feb 05th, 2015 on Breach of Contract - Washington
More details to this question:
Myself and others recently used a ticket broker to purchase tickets to the super bowl. The website said they had a 100% guarantee you would get your tickets, so we all made our travel arrangements to Arizona and found out the day before the game that the broker would not fulfill our order. The broker has indicated they will refund our ticket money (although we haven't gotten that refund yet). Would we have basis for a civil case against the broker to get compensation for other expenses (travel) and possibly damages for not being able to attend the event?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Probably not.  First of all, I would be very surprised if your agreement with the ticket broker (check out the terms and conditions on the website, to which you agreed when you engaged in the transaction) did not limit the broker's liability to a refund of your purchase price, and/or specifically excluded consequential damages.  Consequential damages are damages sustained which are not a direct and necessary result of a breach, but rather are an indirect consequence of it.  For example, when the ticket broker breached by failing to fulfill your order (assuming that it breached; your agreement may explicitly provide that it couldn't guarantee that your order would be fulfilled; again, check the website), losing your purchase price or the value of your ticket was a direct consequence of that breach.  Losing your travel money was an indirect result.  Even absent a limitation of liability provision, consequential damages are not recoverable for breach of contract unless they were in the contemplation of the parties when they contracted.  In other words, if you specifically told the broker, before you reached an agreement, that you would lose your travel money if it did not fulfill your order, those damages could be considered within the contemplation of the parties.  If not, you probably will not be able to recover such consequential damages, regardless of whether there was a limitation of liability provision.  Also, although I understand that you had no reason to go to Arizona unless you were attending the Super  Bowl, technically you could still have gone, and used your reservations.  Some Courts might say that you had not lost any travel money due to the broker's breach.  As for some sort of emotional damages from being deprived of the opportunity to attend the Super Bowl, forget it.  With extremely rare exceptions, damages for breach of contract are limited to lost money.
Answered on Feb 05th, 2015 at 9:22 AM

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