October 1, 2019

Freedom of Contract, and Very Expensive Beer

Naturally enough, when I first heard of this $724.00 charge for two beers dispensed during a Dolphins game, I assumed it was simply a large law firm applying its standard, client "mark-up."  But no.  It turns out that in this instance, it was a low-born (though enterprising) person of color, leveraging (as we might say) fortuitous circumstances to obtain top-dollar for the concessionary items that he offered.

Putting aside all the untoward things that were clearly taking place here, such as people actually attending this event, in broad daylight, what has become of the notion of "freedom of contract?"  If a humble purveyor of rather ordinary beers finds himself in circumstances wherein a desperate customer is willing to pay $724.00 for two beers, how can the consummation of the sale at such a price be criminal? 

After all, we have a willing seller with a commodity, and a willing buyer thereof, not under compulsion (apart from the perils of sensible sobriety while present at a Dolphins game).  Isn't this  the quintessential demonstration that the two beers, in these isolated circumstances, had a "fair market value" of $724.00?

https://www.msn.com/en-us/sports/nfl/stadium-vendor-arrested-for-charging-fan-over-dollar700-for-2-beers-at-dolphins-game/ar-AAI5nO1?li=BBnbfcL

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