You turn up at the event, gladly hand over your $20, and jam the ticket into your pocket with your change. There is a chance that you could have just made a contract where you acknowledge that you might be hurt or killed!
The way that it happens in theory is the person who provides the ticket makes an offer by proffering the ticket. The other person (the customer) then either accepts the ticket (and therefore the terms contained therein) or decides not to accept. The theory is that the person at least has some time to peruse the terms and then makes a decision whether to accept them.
In the real world, the ticket is never read, and is never questioned.
The Courts are often forced to reconcile the technical requirements of the law of contract with the reality that people don’t read, and even if they do read, probably don’t understand, the terms of the contract. In some cases, this means that Courts will not enforce certain clauses if the party offering those terms has not done what is reasonably necessary to alert the other party to those terms.
To compare a $20 ticket purchase at a venue, to a purchase of a home illustrates the different situations Courts are faced with when enforcing a party to adhere to a contract. With a home purchase, you have ample time to discuss the situation with your solicitor, and therefore it would be very difficult to argue that it is unreasonable to be held to that contract.
With a purchase at a ticket office, you would not be reasonably expected to get to the front of the line, ask to inspect the contract you are about to enter, discuss and possibly make alterations, and then proceed with the contract. The people waiting in line behind you might not be so impressed at your insistence of properly considering the contract.
If you have any questions you would like answered either confidentially or via this medium, please email usĀ office@mjolegal.com.au
This is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.