It seems to me that this is really the spirit of the OP and what we should be concentrating on.
The OP said
This makes me think the school official would not take any action until he could see the problem for himself rather then taking the word of the coach. So wheather of not someone CAN be kicked out for doing this, really doesn’t have anything to do with the OP. In fact the first sentence in the first post is “what should you do if you haven’t done anything wrong?” To that question, my answer is “I don’t know.” There’s a lot of variables.
What, pray tell, does any of your answer have to do with the issue of the contract?? Are you saying there is no contract? There was no offer, acceptance, consideration?
A license and an easement have to do with property law rights, not with contract law. The question of whether or not you have contracted for a license or an easement may be interesting (frankly, it’s not particularly interesting, since it isn’t really very hard to see why it would be one, not the other), but that doesn’t mean there was no contract.
If you have a specific case on point (that says there was no contract involved), I’d very much like a citation to it, counsel to be…
You buy a ticket. That ticket says that the property owner (or whomever is in control; we’ll ignore the messy realities for the neat hypo) agrees to let you come onto the property to witness whatever it is you wish to witness (let’s postulate a basketball game). In return, you agreed to pay x dollars.
Now, you are on someone else’s property. You don’t get to stay there any longer than they let you stay. They could decide the very next moment that they dislike the cut of your jib, and request that you absent yourself post haste.
You are now trespassing, if you insist upon staying. As Mr. Seltzer noted, you didn’t purchase an “easement.” Or to put it more plainly, you didn’t purchase a “right” to be on the person’s property, you simply purchased his willingness to let you stay there temporarily.
Now, your contract includes an implied (unless otherwise stated) duration of the contest to be viewed, plus some reasonable time to exit the property afterward. So if the property owner asks you to leave earlier than that, the possibility is that the owner is breaching your contracted ability to remain on the property for the duration. Whether or not the case would actually produce a verdict in your favor would depend upon many factors, including any other contracted provisions, implied ones included, state law in your state, etc.
So, short answer: yes, the property owner can be a bastard and tell you to take a hike and you do not get to force the bastard to let you stay. :eek:
If I’d been in the OP’s situation with a school official sitting next to me I would have quietly told the official what had happened - someone else had yelled out something rude while the coach’s back was turned and he thought I had said it. I’d be polite and say “sir” a lot.
If the worst-case scenario had developed, where the opposing coach pointed me out and they had asked me to leave the game I’d do pretty much the same thing - be polite, explain that it wasn’t me.
If asked who actually did it I’d probably point out the offender. I have no obligation to take the place of someone who did something obnoxious. If it was a friend of mine they’d better fess up because leaving me holding the bag is not a sign of friendship. I might say “I think it was someone in that section” if I was concerned, for whatever reason, about pointing out an individual.
And if the officials don’t believe me and tell me to get out then I’d leave. Wouldn’t be happy about it but at that point you’ve already lost and there ain’t a damn thing to do about it.
After some consideration, and a discussion with a professor, I have to rescind my earlier answer, with apologies to DSYoungEsq.
We don’t know if there is a contact in the OP: no mention is made of any consideration for the ticket. But in any event, let’s assume he paid for it. There is, then, a contract. The venue’s bargained-for consideration was a license to allow the patron on his land.
My reasoning was that licenses are always revocable (with some exceptions that don’t apply here), so there is no breach of contract. If you wanted an irrevocable right to be on his property, you should have negotiated for an easement instead of a license.
However, as my professor (who teaches both property and contracts) pointed out, the venue may revoke the license at any time for any reason, but that doesn’t mean there is no breach of contract. There are no contract damages because he is within his rights to kick you out, but there will be restitution damages, i.e. the price of the ticket.
I don’t know of any time when person has been kicked out of a sporting event for misbehavior who has had their money refunded.
When people are told to leave, it’s by security officers. And they’re not there with a checkbook writing out a refund for the price of the tickets. You just leave and that’s it.
The people running a sporting event will refund your money if you voluntarily decide to leave for a good reason (your seat is broken and there is no place to move to comes to mind).
What possible reason would there be for the event sponsor to give your money back in this case? They fulfilled their side of the contract; your leaving is voluntary.
Because according to many here, the event promoter can demand that I leave the property and give me my money for no reason at all. Why can’t I do the same (only in reverse)?
I fulfilled my part of the contract; I paid my money, so my ejection would be a voluntary move on their part…
In the case of the property owner revoking the terms of the contract, and refunding your money, there would still be a technical breach of the contract (absent express or implied terms allowing the property owner to do this without requiring any cause on your part). But the problem would be proving damages beyond the cost of the ticket which was refunded to you. You might be able to prove some, but it’s likely they would be extremely nominal.
On the other hand, if you up and leave the event before the end of the event, you’ve already fulfilled your end of the contract by paying the money. The property owner is still willing and able to uphold their end of the contract. If you leave, you aren’t breaching anything. They haven’t breached anything, either. So why would you be entitled to a refund?
In other words, the property owner can kick you out anytime they want (their right as a property owner). Your remedy is limited to damages for breach of contract (they didn’t let you stay). The measure of your damages is the cost of the ticket (since we don’t usually compensate you for the fact you weren’t allowed to spend your time the way you had intended). The property owner already gave you that back, so your remedy has been provided voluntarily. In the reverse case, no breach, so no “remedy.”
I think part of the OP’s question deals with the fact that he was NOT the one that made the comment. Is there any form of due process for being escorted out for something you did not do? If not, what protection is there for a fan to not be thrown out for no reason whatsoever or something like wearing a shirt supporting the visiting team?
Why would “due process” be involved? A person doesn’t have to offer you “due process” at all. I don’t want you on my land because I decided I don’t like the cut of your jib, I revoke my permission and you get off. Period.
A slightly more complex issue arises if the property owner is the state, or a state agency. But not that much more complicated, as the “due process” you would be entitled to is pretty minimal.
Well, if I was going to be ejected for no good reason, I’d provide one in as loud and memorable and obnoxious a manner as can be quickly improvised. That coach is gonna cry, I tell you whut.
I am glad this thread came back - I expected someone to ask this but they never did : suppose they don’t refund the cost of the ticket? Could you (assuming you are a hot head that can’t be wrong) conceivably take them to small claims cost for the cost of the ticket?
How about a message board that you pay to post and they flat out say - “we can ban you for any reason and you don’t get your money back.” If you end up banned could you take them to small claims court and demand they refund your money?
(I realize the sh6t stirring nature of the second part of that post but I think it follows where this thread has gone.)
The OP doesn’t say whether this is a public high school or a private school. If it’s a public school property, it is owned by the people, not by school officials. Seems to me this might raise some First Amendment issues.
I doubt it. Surely you don’t think that grown men would be allowed to wander freely through public Elementary Schools even if they pay their fair share of taxes.
