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The trespassing argument is very shaky. There's good analysis out there of the regulations and contract of carriage suggesting the airline had no basis to order
by ubernostrum 10y ago
The trespassing argument is very shaky. There's good analysis out there of the regulations and contract of carriage suggesting the airline had no basis to order him off in the first place, and generally to claim trespass you first need to have the right to exclude the person. "I don't feel like performing my part of my contract with this person" doesn't get you there.
And since the instruction to leave his seat may not have been a lawful/reasonable one, the other prong of the usual argument ("federal law requires compliance with crew member instructions") might not get there either.
- hammock 10y ago>to claim trespass you first need to have the right to exclude the person. "I don't feel like performing my part of my contract with this person" doesn't get you there. It doesn't? Trespass is criminal while a contract is civil. The police don't enforce contracts do they? Further, I should be able to break a contract at will (how could that ability even be taken away?) and accept the consequences.
- ubernostrum 10y agoWhat you're arguing for is the ability to manufacture a crime on someone else's part, at will. I don't think you would enjoy living in a society which allows that.