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To: Vesuvian
Under contract law, unilateral mistake does not void a contract- if I offer to give you $1,000 for your watch because I think it’s a genuine Rolex (it’s a cheap knockoff) and you accept it, I cannot win in court if I sue to get my money back.

LOL, not quite. If you can prove the watch was fraudulently represented as a Rolex by the seller in a way that reasonably prevented discovery, you can get back both your money plus damages, as well as get the punk thrown in jail.

Fraud is always actionable, it just hides behind various thresholds of process depending on the situation.

38 posted on 07/10/2012 1:29:59 PM PDT by Talisker (One who commands, must obey.)
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To: Talisker

That’s true, but I stated that I thought it was a Rolex and I was pulling a fast one on the seller.

Fraud would be a cause to avoid the contract in civil court as well as cause the fraudster to face criminal charges.


45 posted on 07/10/2012 2:31:26 PM PDT by Vesuvian
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