Events Management Law - Essay Example

Events Management law Executive summary: This text deals with a sensitive and thought provoking issue of privileges granted to performing artistes, especially when it is in direct conflict with the rights and prerogatives either explicitly or implicitly, granted to audiences who come to watch their live performances. The legal aspect rules that what has been contracted needs to be enforced by the parties. In this case, the covenant between the performing artiste and her crew members, on the one hand, and, the event management company, on the other, which has undertaken the responsibility for staging this show successfully, needs to be considered. Also the overall situation while reviewing the terms of the contract. But it would not be wrong to mention that, in this case, the requirements of the audience were not considered during such previous deliberations. The main questions that arise is this: Are the basic needs of the audience, viewed in the light of shows conducted by highly acclaimed and successful divas as the present one, subservient to such demands and is it necessary to bend rules and conduct to suit individual requirements, much to the detriment of common health and safety norms. The laws relating to law of tort could be applied in this particular instance which could hold the organising groups responsible for deficiencies in public services by not providing basic amenities to the viewing public. There are also elements of lack of car or imputed negligence which could become cause for later action. It needs to be reaffirmed that in such events, the onus of proving that standards of care were maintained would lie on the organisers who have take up the responsibility for stage managing this concert. Introduction: It is the Event Management Organisation that would be held responsible in law towards member of the public and staff attending this concert. This would be in terms of provisions under UK law of torts. It would be first of all, necessary to take up aspects of health and safety laws since providing for necessary air- conditioning would come primarily under public safety standards. Apparently, there has been a deficiency in service, and audience comprising of around 12,000 people had to endure 90 F heat and resultant health detriment. It is quite possible that the section of audience who have suffered health loss could file suits against event management organisers for reparation of health damages due to exposure to excessive heat and related hazards. The organisers could seek remedies under insurance coverage schemes, or exclusion clause. The main idea behind exclusion clauses is to limit or exempt the extent of liability in the event of any problem relating to performance of agreed contract. The conditions for the enforcement of the exclusion clause could be in terms of the following salient aspects: 1. The exclusion clause forms an important constituent of the contract and the contracting parties must be aware of their existence and implications. In the case of L'estrange v. Graucob (1934) 2 KB 394 , it was held that a contracting party to the contract could not be freed from being bound to the terms of the contract just because she has not read or understood the terms of the contract. The case relates to the owner of a caf, Mrs. L'estrange who purchased a cigarette vending machine which proved to be defective. Although there was an implied clause that the machine should function properly, the exclusion clause absolved manufacturers from" all liability regarding the malfunction of the machine. It was held that Mrs. L'estrange could not claim damages on the grounds that she did not see'' the clause in the contract." (L'estrange v Graucob (1934). 2006). 2. The second aspect regarding exclusion clause is that it should have been communicated to the party to the contract, or he/she needs to have awareness of the existence of exclusion clause. If the exclusion clause is not known by the party at the time of entering contract, then, by application of law, it may not be applicable. In the leading case of Olley v.Marlborourgh Court Hotel (1949) 1 KB 552, a lady deposited her fur cloak in the hotel locker which was subsequently stolen. She sued the hotel for loss of the cloak, but the hotel management pleaded that in the contract of service there was a specific disclaimer for liability arising out of theft. It transpired that the disclaimer notice was in the hotel room and not at the reception where the contract was initiated between the lady and the hotel management. Hence the exclusion clause could not be enforced (Olley v.Marlborourgh Court Hotel (1949). 2006). 3. The duration and regularity of business is also an important aspect with regard to exclusion clause. It is seen in leading cases that where the contracting parties were in contractual agreement for some time, it is expected that one party need to be aware of the existence of exclusion clause enforceable by the other. In this case of Spurling Ltd. v Bradshaw [1956] 1 WLR 461, the existence of exclusion clause was used to enforce payment in favour of Spurling who, despite causing losses to Spurling, due to negligence in storing food materials, was able to enforce the exclusion clause. This is because, in the opinion of the Court, Spurling had longstanding business dealings with Bradshaw and was deemed to have awareness of the exclusion clause. However, in the case of McCutcheon v Mac Brayne [1964] 1WLR 125, McCutcheaon hired one of MacBrayne's ferry for transporting his car. The ferry sank and the applicant claimed damages. The defendants sought recourse through the exclusion clause, citing that the applicant had earlier dealings with them. However, the court ruled that "these dealings, although regular, were not of a sufficiently consistent nature to claim incorporation by prior business." (McCutcheon v MacBrayne (1964). 2006). Application of 'exclusion clause' in this case study: In this case study, it is seen that the event management company had shown negligence by not providing the use of the air-conditioning services to the audience during the Madonna show although they were fully aware of its consequences. The following aspects are important: 1. The audience are not in the habit of regularly going for stage shows. They spend large sums of money for attending the show. Moreover, they were also previously aware of the fact that the show would be conducted without air-conditioning services. 2. The audience had relied on the technical skills and expertise of the event management company, who unfortunately did not supply the needed comforts, as a result of which some members of the audience suffered health losses. 3. The onus would be on the event management company to prove that the non-use of air conditioning services, upon the order of the performing artiste, was reasonable and not designed for health and safety detriment of the viewing audience. In the leading case of Philipps Products v.Hylam (1977 ) 1 WLR 659, the court held that while the plaintiff was not in a position to estimate the risk involved in purchasing of the product or service, the defendants, however, were operating in their main line of business, and should have been able to assess the risk accurately." (Philipps Products v. Hylam (1977). 2006). Therefore, it is necessary that the exclusion clause be revoked and sponsors may be proceeded against for non -performance of implied contractual obligations and should provide compensatory damages for loss of health due to non-performance of the Air-conditioning system during the concert. Event context: In this case it is seen that there is a degree of minimum care that the sponsors need to have shown to the audience who had come to watch the show. Standard of care: determining case of Donoghue v. Stevenson: This incident could be analogous to the case of a person who drives negligently on the road. S (he) does not do so to with the express intention of causing accidents, but the nature of her said activity could precipitate injury, not only to herself, but also to others. The degree of care she applies for her own health must also be established for the health and well being of others. In this case, Madonna did not want the air-conditioning for fear of damage to her vocal chords; at the same time she need to have realized what damage the exclusion of this basic amenity would have on the health and safety of her audience. The need for a duty of care, which underpins the aspect of tort laws in the UK, has been established in the seminal case of Donoghue v. Stevenson, in which the manufacture of soft drinks was held liable for civil misfeasance in not ensuring that the consumable product met the highest quality and is fit for human consumption. "'That case established that, under certain circumstances, one man may owe a duty to another, even though there is no contract between them. If one man is near to another, or is near to the property of another, a duty lies upon him not to do that which may cause a personal injury to that other, or may injure his property." (Donoghue v. Stevenson (1932) House of Lords (1932) All ER.REP 1. 1991). Legal Issues: The legal issues that could emerge from this would be in terms of: 1. The lack of degree of care taken by the organisers, the event management company included, in ensuring the health and safety of the audience. 2. In terms of the exorbitant prices being charged when compared to her shows in other venues. The rates of 160 + 13 booking charges does not compare favourably with the rates charged for her shows in Denmark, Amsterdam or even, USA. The need for such high ticket pricing needs to be justified, especially in the context of lowered standards of audience comfort and their health considerations. The event management company needs to offer valid explanations on how health factors could be lowered without prior information to the public on the ground that, acceding to the demands of the artiste, air conditioning systems had been switched off during this live performance. The matters that the court would have considered if any serious health hazard had taken place would have been in terms of: 1. Were the organizers under contractual obligation to Madonna to have the AC system switched off. 2. The Courts would establish standards of care that need to have been taken by event management organisers to ensure minimum comfort to the audience while rendering maximum comforts to the performing artiste, Madonna. 3. These standards would be compared to the actual standards enforced by them. 4. The deficiency in care or presence of apparent lack of care needs to be established. In the case of service provisions, the standard of care should not fall below ordinary and reasonable standards that could be fairly established for such circumstances. In this case it is established beyond reasonable doubt that there has been a deficiency of service due to non-provision of air conditioners for the concert. There are also other aspects in this case, with relation to insurance claims. Normally the insured persons who are injured could get their injuries claims settled, but this could only be possible when it is proved that they are not at fault, and the liability lies with the other party. In this situation, there is need to prove that actual negligence has occurred on the part of the event organisers. As the learned Court observed in the landmark judgment in Three Rivers DC v Bank of England, [2001] 2 All ER 513"The Common Law tort of misfeasance in public office arose where the actions of a public officer were carried out in the knowledge of, or with reckless indifference to the probability of, injury being caused to a plaintiff, or a class of persons of which the plaintiff was a member." (Cases-tort-negligence-duty of care Three Rivers DC v. Bank of England (No. 3) [2001] 2 All ER 513. 2000-2008). Although morally, the event organisation may not have been in fault, since it was the wish of the artiste and they just complied with it; legally it was incumbent on their part to inform the public regarding absence of air-conditioning systems. The main questions that arise would be in terms of: 1. Does the event management organisers have a duty of care towards the audience 2. Has there been a breach of care on their part 3. As a direct and consequent result of this breach of care, has there been ensuing damages and losses to the members of the audience In this matter, it is seen that circumstances justifies all the above queries and their replies could also be affirmative, leading to the fact that the event sponsors need to take cognisance of their negligence and lack of duty of care in this matter. However, it is necessary to also consider the facts from perspective of rock singer diva, Madonna. The fact that the presence of air-conditioners may pose a problem to her vocal chords. It is quite possible that she had placed this request on her contractual agreement with the sponsors, and they had agreed to it. In other words, Madonna's world performance may have been accepted by her managers, subject to these conditions. In such a case it is necessary that the facts need to be communicated to the viewing public in order for them to decide whether they would have preferred to watch the live show at the concert hall. Service providers. As per EC norms "providers are obliged to inform consumers about serious risks connected with the service provided or to request information about consumers' abilities and experiences." (Report from the Commission to the European Parliament and the Council on the Safety of Services for Consumers. 2003, p. 13). The fact that the show was not fully booked due to high rates is also contextually relevant. The safety manager at the concert needs to pay particular attention to the following aspects: 1. Crowd management especially for a concert of this kind. People should not be allowed to come with alcoholic bottles, or other banned items. All the members of the audience should be checked for carrying unauthorised items. 2. The sitting arrangements should be thoroughly checked and the audience should sit in their allotted seats only. 3. The acoustic systems, lighting and on stage systems need to be rehearsed and checked 4. Necessary information to fire services, ambulance and police control rooms need to be made to deal with any eventuality. 5. Plain-clothed and uniformed security personnel need to be placed at strategic points in the venue. 6. Anti-terrorist protection also needs to be sought, since public place activities are vulnerable targets for terrorist strikes. 7. It is to be ensured that crowd discipline needs to be maintained throughout the show 8. Necessary precautions need to be taken against possible riots, crowd unrest and disturbances during the show. 9. Total protection needs to be provided to the performing artistes, her entourage and personal staff from the place of stay to the hall and back to the place of residence, after the show is over. 10. Highest standards of hygiene and waste management need to be maintained and all garbage needs to be promptly disposed immediately after the show. 11. The venue needs to be spruced up for the next event as early as possible. Recommendations: In order to avoid public embarrassment of this kind during future events of this, or any other performing artiste, it is essential that the terms of performance need to be informed to the event management company, the security and the health and safety officials well in advance. It is also necessary that prior information need to be given to the audience and if possible, also printed on the face of the tickets. This would ensure that the audience brace themselves up for a show without due facilities. It is well within the rights of performing singers to place conditions for public performance, but it is also necessary for her to consider the implications such conditions would bear on the people, for whom it is intended. Whether her terms could justifiably claim supremacy over the basic rights of 12,000 strong audience is a decision only she could take. The writer feels that her other demands are too trifle to demand attention. Conclusions: From the legal aspect it could be said that contractual agreement between the performing artiste and the sponsors, relating to provision of facilities, underpin the course of the show and its performance. If the artiste has claimed certain privileges, and this has been accepted, it would the onus of the event management company to handle the situation, especially with regard to the audience. It would not be legally acceptable to question the rationale or otherwise of the artiste. The cause of action would be negligence on the part of the organisers in not having informed the members of the public regarding such presence of such conditionality on the part of the diva. Works Cited L'estrange v Graucob (1934). (2006). [online]. The K-Zone. Last accessed 24 July 2008 at: http://www.kevinboone.com/lawglos_LestrangeVGraucob1934.html Olley v. Marlborourgh Court Hotel (1949). (2006). [online]. The K-Zone. Last accessed 24 July 2008 at: http://www.kevinboone.com/lawglos_OlleyVMarlboroughCourt1949.html McCutcheon v. MacBrayne (1964). (2006). [online]. The K-Zone. Last accessed 24 July 2008 at: http://www.kevinboone.com/lawglos_McCutcheonVMacBrayne1964.html Philipps Products v. Hylam (1977). (2006). [online]. The K-Zone. Last accessed 24 July 2008 at: http://www.kevinboone.com/lawglos_PhillipsProductsVHyland1987.html Donoghue v. Stevenson (1932) House of Lords (1932) All ER.REP 1. (1991). [online]. Butterworths. Last accessed 24 July 2008 at: http://www.peterjepson.com/law/Donoghue_v_Stevenson.htm Cases-tort-negligence-duty of care Three Rivers DC v. Bank of England (No. 3) [2001] 2 All ER 513. (2000-2008). [online]. Sixth Form Law. Last accessed 24 July 2008 at: http://sixthformlaw.info/02_cases/mod3a/aqa/_cases_tort_1duty.htm#Nettleship%20v%20Weston%20[1971]%20CA Report from the Commission to the European Parliament and the Council on the Safety of Services for Consumers. (2003). [online]. Commission of the European Communities. p. 13. Last accessed 24 July 2008 at: http://ec.europa.eu/consumers/cons_safe/serv_safe/reports/safety_serv_rep_en.pdf Read More