Question: Fobasco Ltd v Cogan ( 1 9 9 0 ) 7 2 OR ( 2 d ) 2 5 4 ( HCJ ) When major
Fobasco Ltd v Cogan OR dHCJ
When major league baseball came to Toronto in Eddie Cogan bought eight season's tickets in a prime location field level, behind first base. At the time, he agreed to sell four of his eight tickets to Fobasco Ltd a company owned by his friend and business associate, David Fingold. David then gave the tickets away to Fobasco's prospective customers in an attempt to drum up business. The parties then grew apart, rarely saw each other socially, and Eddie no longer had business dealings with Fobasco Ltd Although the parties had this arrangement for many years, around the same time the Blue Jays became contenders and moved into the SkyDome Eddie decided that he rather give the extra tickets to his sons than to David, and told David that their arrangement was over.
David was upset, complaining that he would no longer be able to get good seats to games to give to clients, and he sued for breach of contract, claiming that Eddie was contractually obligated to sell tickets to Fobasco on an annual basis.
Would a reasonable person believe that the parties had entered into contractual relations, or did they merely have a social arrangement?
What if the parties had put their arrangement into writing?
Do you think that a contract should be recognized here, and should Eddie be required to make tickets available to Fobasco indefinitely?
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