question :Advise Robert on any claims he may have against the theatre and any issues which

may arise. Would your answer be different if the flood was caused by a cleaner smoking in the

auditorium and being unable to turn off the sprinklers that were set off by the smoke?

facts of the case:

Robert and his wife are fans of the characters in the Don Quixote book. He heard that the Sancho

Panza musical is coming to town. It could not have come at a more appropriate time as he wanted

to surprise his wife for their wedding anniversary. He purchased two tickets to go to the theatre to

watch Sancho Panza. He was told that his favourite actor, Alfonso Pereira, would be starring in a

leading role in that show. Unfortunately Alfonso broke his leg before the show and was replaced by

a substitute. Robert tried to cancel the ticket as he no longer wanted to see the show in the absence

of his favourite actor. The theatre responded that they would hold the seat for the reservation made

and that no refund would be possible.

However, the night before the show the theatre was flooded when a water main in the road outside

burst and the show was cancelled. The theatre still refused to refund her ticket price.