Perhaps you fellas can tell me what the H_LL is “frustration of commercial expectation”. Try as I might, I can’t fathom what the hell this has to do with seeing a lousy performance. I vaguely recall reading these terms in connection with a souvenier promoter who sued a printing shop for not delivering a shipment of glossy souvenier books too late to be sold it a concert. In his judgement, he received the possible profits had he been able to sell these books minus the printing costs.
IANAL-
It seems fairly obvious to me. Frustration of commercial expectation: The showgoers paid (a lot) to see a band perform, and perform well. They had a certain degree of expectation; they wanted the show to satisfy their opinions of a quality performance. It didn’t. Their expectations were shot down at a drunken singer performing poorly enough to turn off even a fan of the band.
Could someone tell me more about the lawsuit referred to in the OP?
Well, cletus, here is The Smoking Gun’s outline of the issue, which includes a copy of the lawsuit.
According to this article, the lawsuit was recently dismissed, but the judge dismissed “with prejudice,” meaning that the plaintiffs can amend their complaint and bring another suit.