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Bob is a very busy dude. He hates wasting time. He also hates obtrusive ads.

He buys a ticket for a movie which he really really wants to see. The ticket says: "Time: 7:00 PM". Sometimes the fine print may say that the theatre may play ads for 5-15 minutes from the ticket time before the main feature starts.

He arrives at the theatre at 6:59 PM and takes his seat, hoping to start enjoying the movie in less than a minute.

But instead, the theatre plays ads and movie trailers for 15 (!) minutes before the movie starts. It is not possible for Bob to find out in advance how exactly long those ads will play. Bob does not want to risk missing the beginning of the movie he wants to see.

Bob is very frustrated that the theatre stole 15 minutes of his time and filled his attention with crap. He would rather do some business instead and arrive 15 minutes later.

Is this market regulated in regards to this concern anywhere in the world?

Does Bob have any legal avenues (e.g. a class action lawsuit) to compel the theatre to specify the exact time when the main feature starts, and honour this time precisely?

Greendrake
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  • Is this Bob's first time going to the cinema? – Michael Hall Jan 31 '24 at 16:17
  • @MichaelHall Would the answer depend on that? – Greendrake Jan 31 '24 at 16:31
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    @Greendrake Yes. Read up on the course-of-dealing doctrine. – bdb484 Jan 31 '24 at 16:49
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    I mean, technically, the cinema has even better defenses, but this would be one of several reasons Bob would probably be tossed out of court in common-law jurisdictions. – bdb484 Jan 31 '24 at 16:51
  • @Greendrake I'm not particularly a fan of pre-movie adverts, but would Bob be prepared to pay extra for his tickets to avoid ads? If not, he just has to lump them. – TripeHound Jan 31 '24 at 16:56
  • Yes, because if it was his first time it would be reasonable for him to expect the movie to start right at the scheduled time. Otherwise, as Jen points out, this is a "longstanding and widespread practice" that he should be expected to know and adjust for. – Michael Hall Jan 31 '24 at 16:56
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    I think a valid question would be "how much time can the theater devote to ads/trailers before it becomes a legal issue?" It would seem clear that when the trailers are longer than the movie itself, the line has been crossed. But where exactly is the line is a big open question. – abelenky Jan 31 '24 at 17:08

1 Answers1

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There is no contractual obligation to begin the movie at 7pm, and there is no consumer-protection legislation requiring the movie to begin at 7pm.

The display of trailers or advertisements before the start of a movie is such a longstanding and widespread practice that it will be understood as part of the background context in which the terms of the contract will be interpreted. It is a fact that "reasonably ought to have been within the common knowledge of the parties." See generally Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53.

That will be true even if it is Bob's first time going to the cinema.

If someone wants to compel the movie theatre to specify and adhere to the exact time that the movie will begin, they can attempt to negotiate a custom contract with the theatre. The theatre may want more money to accept this heightened obligation and associated risk.

Jen
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  • Worth noting that the specifics of “Bob” don’t matter. The contract is interpreted by what a reasonable person would understand. Bob being an idiot is irrelevant. – Dale M Feb 01 '24 at 08:42