Fan Sue Yashin

Update: Senators Fan Sue Yashin

Claims based on damages for "devaluing" their season tickets

Ottawa, Canada, October 8, 1999 -- A group of Ottawa Senators season ticket holders have moved forward with their plan to sue Alexi Yashin, who is refusing to perform the final year of his contract with team (for background click Senators' Yashin Problem and Team Threatens to Sue Yashin).

The suit seeks damages on behalf of the Senators season ticket holders, claiming that Yashin's actions "induced a breach of contract" and "devalued the consideration of season ticket contracts". The suit asks for $8 million in general damages and $5 million in punitive, aggravated and exemplary damages from Yashin.

According to Sports Business News, the suit also includes Yashin's agent Mark Gandler (called the "Anti-Christ") Gandler is being sued for $8 million in general damages and $6.5 million in punitive damages for inducing the breach.

The article notes that the suit has little chance of success. I agree. Although the fans are justifiably upset with Yashin, they do not have a contractual relationship with him. He contracted with the Senators, not the fans. Contract law makes clear that only a contracting party or intended beneficiary has rights to sue. While the fans to benefit from Yashin's services, they are not "intended" as they are not referred to in the contract. Because the courts do not want a proliferation of lawsuits, the law defines "intended" as a direct third party as stated in the contract. That is not the case here.