Upload & Sell: Off
| p.1 #6 · Photographing Musicians....Ownership Question |
Not a lot of law on it, but there is this English common law case:
Knowledge of writing and of terms: If the recipient of the ticket knew that there was writing on the ticket and also knew that the ticket contained terms, then the recipient is bound by the terms of the contract.
Reasonable person: If the recipient did not know of the existence of the terms, then the court will consider whether a reasonable person would have known that the ticket contained terms. If that is so, then the ticket-holder is bound by those terms; if not, then the court will return to the general test of whether reasonable notice of the terms was given.
That particular case was found for the ticket-purchaser because the court ruled that a reasonable person would not realize the back of the ticket held those terms.
But I think another English common law case is more significant.
This point: "Moreover the contract was already concluded when the ticket came out of the machine, and so any condition on it could not be incorporated in the contract."
The question is: Do you have a chance to study the terms of the ticket and accept/reject them before you've paid your money?