Chapter 4 Hypothetical Case 3: Law student and New York resident Cecilia Newcomb found herself frustrated when she tried to transfer Broadway show tickets she'd purchased electronically from ticketing giant Top Ticket to a friend. The theater in question, Broadway West, had listed the tickets as non-transferrable, and so Newcomb's tickets went unused, and she was out $500.

Newcomb decided to file suit against Broadway West, as she believed that the non-transferrable rule was a violation of the New York Arts and Cultural Affairs law, which prevents venues from selling electronic tickets that cannot be transferred to other holders. Broadway West argued that since the tickets were sold by Top Ticket, which in its Terms of Use agreement requires all ticket purchasers to agree to binding arbitration, Newcomb's beef was with Top Ticket, not Broadway Westand that she should seek redress from Top Ticket through arbitration.

Do you believe that Newcomb has a case? Research the New York Arts and Cultural Affairs law. If you think that either Broadway West or Top Ticket is in violation of the law, whichor bothare at fault? Why? Does Broadway West have a reasonable case that Newcomb should abide by the Top Ticket Terms of Use? Last, why did Newcomb opt for a lawsuit over binding arbitration, no matter which company she brought the complaint against? Would you make the same decision? Why or why not?