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Does it count as fraud to tell someone you will do something for them, and then not deliever ??

Arlington, TX |

follow up questions to .. broken verbal agreements and promises. agreements and promises were made, but other party has literaly ran off, and not delievered upon what they said they could.

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Attorney answers 3

Posted

To be a fraud the other party has to have the intent not to perform at the time of the promise.

Posted

The elements of a cause of action for fraud are: (1) that a material representation was made; (2) the representation was false; (3) when the representation was made, the speaker knew it was false or made it recklessly without any knowledge of the truth and as a positive assertion; (4) the speaker made the representation with the intent that the other party should act upon it; (5) the party acted in reliance on the representation; and (6) the party thereby suffered injury. In re FirstMerit Bank, N.A., 52 S.W.3d 749, 758 (Tex. 2001).

Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.

Jimmie Lee J. Brown Jr.

Jimmie Lee J. Brown Jr.

Posted

The elements of fraud. I believe your answer is 'Yes'!

Jimmie Lee J. Brown Jr.

Jimmie Lee J. Brown Jr.

Posted

Of course, this would just be your simple breach of promise!

Posted

Both of the attorney responses above are correct, and to get a better idea of whether this situation would involve fraud, you need to provide more details relating to the situation.

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