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Legal Problems 427
contrary to what was advertised. This is especially true if the advertising was intended to deceive. To what extent a change in program entitles the purchaser of a ticket to a refund depends on particular conditions, and involves the time when the request is made.
In cases where there is a mistake in ticket sales so that a patron does not get the seat for which he actually holds a stub, the management is only liable for the refund of the price of the ticket. There have been cases where patrons brought suit against the theatre for not having available the seat for which a purchase-ticket stub was held. They demanded damages based on the inconvenience that was caused, the expense of travel to the theatre, and other details. But the theatre was held liable only for the purchase price of the ticket.
Theatre patrons who disturb others by loud talking or distracting actions or disturbing mannerisms, can be ejected from the theatre if they persist in their disturbance after being cautioned by the manager or one of the staff. Tact and commonsense should be exercised in handling such matters. Care should be taken to avoid the mistake of offending the patron. Force may be used to eject a disturber after a reasonable time is given for him to leave of his own accord. The use of undue force presents the possibility of liability. The degree of force used, and whether it was justified is a matter of litigation, depending upon the circumstances themselves. It is cautioned that theatre employees be properly instructed concerning their conduct in such emergencies. A noisy, argumentative, blundering usher can cause serious inconvenience to the audience.
Records.
Because legal action may sometimes follow the ejection of a patron from the theatre, a manager should make sure of witnesses and have a detailed report covering the occurrence so that he will be safeguarded before the law. The mere fact that a disturbing patron can be ejected from the theatre does not justify the manager acting rashly. Very often tactful handling of the situation will get the desired results, without causing future ill-feeling. The mere mention of legal rights to a patron often acts as a challenge, and the patron resolves to try legal