I have 3 students who are having a big disagreement. Student A was arranging a Paintball game for the senior class. He was not doing it to make a profit but as a bonding event there. He pre bought 36 spots at a local place and was reselling them at cost to his fellow students. he sold them on condition that they could have a refund up to the week of the event and after that time it was up to purchaser to find a replacement. He refunded people up to the week of the event but within the week he did not. Student B phones him one hour before the event and told him that something came up and he could not go and would not be filling the spot. Student A was left with an open spot tried calling around to find someone to use it. Student A offered Student C to come for free and Student C agreed to come but on condition that he did not need to pay (student C declined coming weeks before because it was too expensive). Now student B feels that Student C benefited from his ticket and wants B to pay him directly. Was the space still Student B’s since he was not refunded for it and did student A have the right to give it to C? Does Student C have any liability? It does not help the situation that Student A and C do not like each other.
Thanks -Stephen Berger
Answer:
It appears that Student C and Student A have no obligation to reimburse Student B for the ticket, and Student B does not have any claim for payment.
The reason for this is that Student A clearly stipulated that no re-fund would be given for somebody returning the ticket within the week of the event. Student A is therefore not obligated to give a refund.
As for Student C, his obligation to pay will be based only on the benefit he derived from the event. This is a case of “zeh neheneh ve-zeh lo chaser” — Student C is deriving benefit and Student A is not losing anything — and therefore he is not obligated to pay.
Therefore, Student B does not have a claim against either students.
Best wishes.