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The Range
Ammo & Reloading
Smell of a deal
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<blockquote data-quote="Aries" data-source="post: 3798052" data-attributes="member: 44328"><p>Here are the elements of fraud from <a href="https://legal-dictionary.thefreedictionary.com/Fraud" target="_blank">legal-dictionary.com fraud</a></p><p></p><p>"Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result."</p><p></p><p>(3) is going to be a problem, as you'll have to prove intent (I said that earlier). (5) might be a problem, since they are incurring a LOT of expense in having the product returned to them. (2) might be a problem, if the defendant is the company and the person making the untrue statement is an employee, and the mistake is on the part of the employee.</p><p></p><p>They definitely made some big mistakes, and it appears they haven't handled it very well, and if it makes you feel better it's going to cost them a lot of money in shipping costs (both ways) and they'll lose a lot of customers. Are you justified in being pissed off? Sure. Should you continue to do business with them? Up to you, I wouldn't blame you if you don't. But the question you keep raising, is it fraud... legally... probably not.</p></blockquote><p></p>
[QUOTE="Aries, post: 3798052, member: 44328"] Here are the elements of fraud from [URL='https://legal-dictionary.thefreedictionary.com/Fraud']legal-dictionary.com fraud[/URL] "Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result." (3) is going to be a problem, as you'll have to prove intent (I said that earlier). (5) might be a problem, since they are incurring a LOT of expense in having the product returned to them. (2) might be a problem, if the defendant is the company and the person making the untrue statement is an employee, and the mistake is on the part of the employee. They definitely made some big mistakes, and it appears they haven't handled it very well, and if it makes you feel better it's going to cost them a lot of money in shipping costs (both ways) and they'll lose a lot of customers. Are you justified in being pissed off? Sure. Should you continue to do business with them? Up to you, I wouldn't blame you if you don't. But the question you keep raising, is it fraud... legally... probably not. [/QUOTE]
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