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Jo C.
Jo C., Barrister
Category: Law
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My 16 year old son and his friend went to a music festival

Resolved Question:

My 16 year old son and his friend went to a music festival last year.
His friend is 24.
Whilst at the festival his friend (24yr old) completed a survey and was promised 2 tickets to this years festival which he received 2 weeks ago.
All throughout the year he has promised the spare ticket to my son who is now 17 (text messages / emails and verbally). At one stage in March the older friend asked for some money for both tickets
( so that my son could use one and sell one to another friend) as he was short of cash and was sure if he could make the festival , but we decide to wait until the tickets arrived before parting with any cash.
Last week the 24 year old sold both tickets on eBay for double their face value and will not give my son the money to buy his own single ticket to this years festival... so I have had to buy it instead.
My question is - are we able to go to through the small claims route to get the money for the new ticket I have bought from the 24yr old? bearing in mind my son is now 17? There is an extensive trail of intent to give my son the ticket and his older friend has said that he is strapped for cash, saw their value on eBay and couldn't resist selling them but has no intention of giving my son the money for the ticket he has now had to buy (that i've bought).
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Sorry if I am missing the point but what is the basis for your claim?

What consideration did your son provide for the ticket?

Have I got this right? Basically he sold a ticket offered to your son and so you had to purchase it?

Customer: replied 9 months ago.
Whilst they were at the reading festival last year the 24 year old answered a survey and "won" 2 tickets for this years festival from the organisers.
My 17 year old son has been promised the ticket all year but his older friend last week sold both tickets on eBay.Now my son has no ticket so I have had to buy him one. Is this is case of breach of contract and if so can we pursue the cost of the ticket that I have now had to buy.Both tickets were free. Their face value was £205. The 24 year old sole them on eBay for £400 each and I have just bought a ticket for my son for £250.
Expert:  Jo C. replied 9 months ago.

No, I'm afraid not.

This is a broken promise but not a breach of contract.

Come what may, your son provided no consideration for the ticket so his friend was legally free to sell it if he choose.

If he had paid for it then that would be different. If he had compensated in anyway that would be different.

This is just plain not a breach of contract and so you have no claim I'm afraid.

Can I clarify anything for you?

Jo

Expert:  Jo C. replied 9 months ago.

Not all promises amount to contracts I'm afraid.

Customer: replied 9 months ago.
only one aspect.In march this year the older friend asked for some money for the tickets as he was short of cash - he was going to see them both to my son so another friend could go instead and we said we would pay him when the tickets arrived.Does the fact that he asked for money for the tickets in march which we said we would pay when they arrived alter anything?
Expert:  Jo C. replied 9 months ago.

No, not really. It would have done if the payment had been completed but it was not.

You could argue that there was an offer was made but he was entitled to retreat from it and anyway there has been no payment so there is no loss arising from that specific breach.

Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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Customer: replied 9 months ago.
Ok that's been really helpful.Thank you

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