On June 28, 1997, in Las Vegas, heavyweight boxers Mike Tyson and Evander Holyfield met for what proved to be a night to remember. During the third round of the fight, a desperate Tyson illegally bit off a piece of Holyfield’s ear and, moments later, bit the other ear too.1 Tyson was disqualified. Some fans were so outraged that they decided to sue Tyson, the fight promoters, and the telecasters, seeking a refund.2 Among other things, they claimed to be third-party beneficiaries to various contracts into which the defendants had entered.
1. Are fans entitled to refunds on the basis of third-party beneficiary rights? What type of beneficiaries would fans have to be to enforce contractual rights?
2. If you were one of the fight promoters, what sorts of contractual duties would you have to the viewers?