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BTW1042 Business Law - Research Assignment
Total Weight: 45%
Part A: Progress Report (15%)
Submission: Week 7
Format: 5-7 minute video presentation with transcript
Part B: Research Report (30%)
Submission: Week 10
Format: Written report
Assignment Question:
Advise the parties involved in the scenario below about their contractual rights. The emphasis should be solely on contract law, excluding other areas of law that might be involved. The scope of the analysis should be limited to Malaysian law and the law of one additional common law country of your choice.
Scenario:
'No Madonna Fan'Expects Show at Ticket Time, Singer Says
By Lauren Berg
Law360 (April 4, 2024, 10:13 PM EDT)
Madonna, Live Nation, and the Barclays Center have asked a New York federal judge to dismiss a lawsuit alleging fans were "lulled" into buying tickets for a show that started two hours late, stating no reasonable concertgoer — "and certainly no Madonna fan" — expects the headliner to begin at the ticketed time.
Michael Fellows and Jonathan Hadden accused the three defendants of breaching their contracts with concertgoers, false advertising, and unfair trade practices after the singer didn't show up to her Celebration Tour concerts at the Brooklyn arena until after 10:30 p.m. when the shows were advertised to start at 8:30 p.m.
The defendants argued that neither of the plaintiffs alleged the singer's performance was subpar or worth less than they paid, or that they left the concert before it was over. They also didn't seek arefund before filing the lawsuit.
What's more, the time printed on the ticket was 8:30 p.m., but nowhere did the defendants advertise that Madonna would take the stage at that time, according to the motion.
Additionally, "no reasonable concertgoer — and certainly no Madonna fan — would expect the headline act at a major arena concert to take the stage at the ticketed event time," the defendants said.
Fans got exactly what they paid for: a "full-length, high-quality show" by Madonna. In fact, the day after the show, Hadden posted on Facebook that he has "never missed a Madonna tour" and that the concert was "incredible, as always!"
Hadden and Fellows can't plausibly allege that concertgoers were deceived or deprived of what they paid for, and the suit should be dismissed.
The pair filed their lawsuit on Jan. 17, alleging that they and other fans "were lulled into purchasing tickets for concerts at the Barclays Center to be put on by one of the premier performers of the past 40 years," with the defendants first delaying the shows from July to December due to the singer's illness and then promising an 8:30 p.m. start time.
"By the time of the concerts' announcements, Madonna had demonstrated flippant difficulty in ensuring a timely or complete performance, and defendants were aware that any statement as to a start time for a show constituted, at best, optimistic speculation," Fellows and Hadden said.
Fellows bought one ticket for $155 and Hadden bought two tickets for $292 to attend Madonna's Dec. 13 show. All three tickets state that the performance was slated for 8:30 p.m., but Fellows and Hadden said the singer didn't appear on stage until almost 11 p.m.
The pair allege that Madonna has a "long history" of tardy performances, including starting concerts more than two hours late in Boston and Washington, on the current Celebration Tour.
The pair want to represent three classes: one for people who bought a ticket for the concerts through Ticketmaster, a second for people who bought a ticket through areseller that is not Ticketmaster or the box office at the venue, and a third for those who bought a ticket through the venue's box office.
They estimate there are thousands of such class members.
In the motion to dismiss, Madonna and the other defendants argue the plaintiffs also haven't plausibly alleged they suffered any injury.
"Plaintiffs speculate that ticketholders who left the venue after 1 a.m. might have had trouble getting a ride home or might have needed to wake up early the next day for work," the defendants said. "That is not a cognizable injury."
"But even if it were, plaintiffs do not allege that they suffered it," they added. "Indeed, plaintiffs do not plead any injury that they themselves suffered by spending the night at an 'incredible' concert."
"This is not a lawsuit about fans who were disturbed that they had to stay up late," Corwin said. "This is about thousands of fans who had to leave the Madonna concerts in the middle of her performance, after paying good money for their tickets because either public transportation was closing, as well as the public garages in which their cars were parked, or they had commitments to babysitters or work, and did not expect an 8:30 show to end after midnight, particularly with no opening or supporting artist."
"If Madonna was not going to perform on time, she should have changed her performance time on her tickets from 8:30 to 10:30 like she did in 2019," the attorney said.
Overall Student Instructions - IRAC Methodology
1. Issue: Identify the legal issues related to contract law arising from the scenario.
2. Rule: Explain the relevant contract law principles that apply to the issues identified.
3. Application: Apply the relevant contract law principles to the facts of the scenario to advise the parties involved about their contractual rights.
4. Conclusion: Provide a reasoned conclusion based on the application of the law to the facts.
Part A: Progress Report (15%)
Submission: Week 7
Format: 5-7 minute video presentation with transcript.
1. Video Presentation:
o Prepare a 5-7 minute video presentation outlining your preliminary findings.
o Your presentation should identify the main issues, explain the relevant legal principles, and provide a preliminary application of the law to the facts.
o Use any software of your choice to create the video (e.g., PowerPoint with voiceover, Zoom recording, etc.).
o Ensure your presentation is clear, concise, and well-organized.
2. Transcript:
o Provide a written transcript of your video presentation.
o The transcript should accurately reflect the content of your presentation.
3. Submission:
o Submit your video file and transcript via Moodle by the due date.
Part B: Research Report (30%)
Submission: Week 10 Format: Written report
1. Written Report:
o Provide a comprehensive analysis of the scenario using the IRAC methodology.
o Your report should identify the relevant issues, explain the applicable legal
principles under contract law, apply these principles to the facts, and provide a well-reasoned conclusion.
o Ensure your report is well-structured, clearly written, and thoroughly researched.
2. Length and Format:
o The report should be between 2,000 and 2,500 words (excluding references).
o Use standard academic formatting, including headings and subheadings to organize your analysis.
3. Research and Citation:
o Use credible sources to support your analysis.
o Cite all sources appropriately using the AGLC citation style.
4. Submission:
o Submit your written report via the university's online portal by the due date.