Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Tue, 20 Mar 2001 14:42:03 -0500 |
| Re: |
Answers on a postcard |
Here is
a question which is based on a real case. It did not go to court but to
a form of arbitration. I will provide details later... North American members
may be familiar.
A comedian gives a live performance. The comedian is
unutterably wealthy and well able to afford spontaneous acts of generosity.
Near the end of the
show he announces that he has not been very funny and he is going to refund
the price of tickets. The modality of refund is, for the vast majority
who paid for their tickets by credit card, a refund on the credit card
account.
The plaintiff bought his ticket at face value from the defendant, who
bought it by credit card. The refund goes to the defendant. Can the plaintiff
recover from the defendant?
Lionel
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