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To: Labyrinthos
That's a good example. I'd say you DID NOT defraud the club.

To make my case, let's look at this from the standpoint of a civil lawsuit: If the club wanted to sue me for fraud, would they win?

I'm not even a lawyer, but I can say with absolute certainty that not only is the answer "NO!" ... the case would be tossed out of court long before it went to trial for one simple reason: The club has no legal standing to file a claim because they cannot demonstrate any harm they've suffered as a result of my misrepresentations. Not only that ... but they've actually GAINED $300,000 from me.

25 posted on 05/07/2020 9:10:35 AM PDT by Alberta's Child ("And somewhere in the darkness ... the gambler, he broke even.")
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To: Alberta's Child

The club as the representative of its members has standing and would win. The issue is not whether the club received payment for the membership; rather the issue is what the club and its members received in return: They though they were getting a jet-setting, blue-blood titan of industry, but instead, they got an hourly worker at Walmart.

To put this in legal terms, every contract requires “consideration” to be valid and enforceable. Consideration is the value given (or legal right relinquished) by each party to the contract. In my example, the consideration given by the club is membership and all the rights, privileges, and prestige of being a member. The consideration given by the club applicant is money and pedigree. If the applicant lied about his pedigree, then then there is a failure of consideration, and as a result, the membership contract is unenforceable. Thus, while the club may not have a legal claim for money damages, it could most certainly sue in equity to have the membership contract canceled based upon a failure of consideration and fraud in the inducement.


28 posted on 05/07/2020 9:33:46 AM PDT by Labyrinthos
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