David, arguably the difference in your example is that the misrepresented fact was not material to the buyer. But if it was material -- for example let's say they advertised some super premium expensive brand of coffee but instead without telling you substituted some cheap generic junk and you paid the premium prce -- then yeah that would be fraud too. Here, Larry represented his cards were something they were not, and for whatever reason, that made people willing to pay more for them than had he told the truth. Knowing misrepresentation of a material fact. Fraud.
__________________
My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at
https://www.jamesspaethartwork.com/
He is available to do custom drawings in graphite, charcoal and other media. He also sells some of his works as note cards/greeting cards on Etsy under JamesSpaethArt.
Last edited by Peter_Spaeth; 08-11-2017 at 04:52 PM.
|