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The definition of fraud is: "an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the

The definition of fraud is: "an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage." It seems that the airline (1) had full knowledge that these reservations were being made for a specific purpose, and (2) they had advised him to make this sort of reservation with full knowledge of its purpose, and (3) if they, at some point expressed a desire that the previously-allowed/recommended behavior should change, and it did subsequently change, and (4) they did not terminate the contract at any time when this "fraud" was actually occurring". I don't know all the details of the case, but based on this information I'm hard-pressed to accept the conclusion that it's fraud. Or to put it differently: if I sign a contract with you that allows me to break the contract if (and only if) you commit fraud, and then I knowingly assist you in committing behavior that (unbeknownst to you) I will later claim is fraud, and then use this alleged fraud as an excuse to break the contract -- this is not a pattern of behavior that anyone should be cheering for.

ordinaryperson 7y ago
Wait, Matthew D. Green? The famous cryptographer? If a bank teller encourages me to rob the bank he works at, it doesn't mitigate the fact I robbed the bank. It doesn't give green lights to customers to rob banks. I'd also encourage you to take a less anodyne view of contracts as immutable suicide pacts and more like a business arrangement that's beneficial to both parties. If the terms become too onerous companies aren't going to go bankrupt honoring them. Besides, if he didn't commit fraud, why didn't the courts side with him? And using legal loopholes to exit unfavorable contracts happens all the time in the real world, it's not some travesty of justice. Sounds like this guy got millions' worth of value for the 400K he spent, he should be happy he got what he did. BTW love your work! Big fan.
- listenallyall 7y ago
  >> If the terms become too onerous companies aren't going to go bankrupt honoring them. Ironically, American Airlines didn't honor the contract, and did go bankrupt.
  - ordinaryperson 7y ago
    No US airline makes money over the long term, except Southwest and JetBlue. All would be out of business by now were it not for government intervention at various times.
- cbzoiav 7y ago
  > If a bank teller encourages me to rob the bank he works at, it doesn't mitigate the fact I robbed the bank. It doesn't give green lights to customers to rob banks. No - but if the manager did it probably would (which is how red team pen tests work) because it falls under his remit. You could argue that an booking agent has the authority to advise customers on bookings..

ordinaryperson 7y ago

Wait, Matthew D. Green? The famous cryptographer? If a bank teller encourages me to rob the bank he works at, it doesn't mitigate the fact I robbed the bank. It doesn't give green lights to customers to rob banks. I'd also encourage you to take a less anodyne view of contracts as immutable suicide pacts and more like a business arrangement that's beneficial to both parties. If the terms become too onerous companies aren't going to go bankrupt honoring them. Besides, if he didn't commit fraud, why didn't the courts side with him? And using legal loopholes to exit unfavorable contracts happens all the time in the real world, it's not some travesty of justice. Sounds like this guy got millions' worth of value for the 400K he spent, he should be happy he got what he did. BTW love your work! Big fan.

listenallyall 7y ago
>> If the terms become too onerous companies aren't going to go bankrupt honoring them. Ironically, American Airlines didn't honor the contract, and did go bankrupt.
- ordinaryperson 7y ago
  No US airline makes money over the long term, except Southwest and JetBlue. All would be out of business by now were it not for government intervention at various times.
cbzoiav 7y ago
> If a bank teller encourages me to rob the bank he works at, it doesn't mitigate the fact I robbed the bank. It doesn't give green lights to customers to rob banks. No - but if the manager did it probably would (which is how red team pen tests work) because it falls under his remit. You could argue that an booking agent has the authority to advise customers on bookings..