4:12 - 2nd semester notes PDF

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2nd semester notes...

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4/12 New England Patriots v. StubHub        

I.

Not about fake tickets Ticket is a contract (Carnival Cruise Lines)  Revocable provision (any time, any reason) = illusory??? [no one is complaining though] Can only mark above for around 2% (MA law) May give ticket to resell to StubHub that they know is cancelled to get more $$ (footnote) Willing to give refund for tickets that are not fake but are invalidated because probably indemnification clause & cumbersome (counting on people being lazy) Patriots say StubHub is tortuously interfering Court rejects Patriot’s trespassing & misrepresentation argument Patriots are saying the financial loss = loss of good will (court says worth nothing here)  Can argue good will is worth nothing OR EVERYTHING

Exculpatory Clause  Hold harmless or waiver of tort liability  “Any and all”  Waiving intentional torts is frowned upon (punching/physical contact)  Gross negligence =  Ordinary negligence = forgetting to do something  Some court say you can waive ordinary negligence  Adhesion contract = take it or leave it (usually valid)  Public interest  Adhesion + BP + Control + negligible  Majority view = gross & intentional negligence is NOT waivable 

Hospital is essential (...