4 ms·

Misrepresentation is a necessary but insufficient component for a finding of fraud.

by epgui 4y ago

that_guy_iain 4y ago
That’s why there not outright claiming fraud just lying. That way they avoid illegal issues but if they were to seek damages it would be a fraud case.
- dragonwriter 4y ago
  They aren't claiming lying either. They are claiming breach of contract, and that it looks to them like lying which, if it did happen, might be fraud, but they can't tell, in part because part of the alleged breaches is Twitter not giving them information that might clarify whether the other claims were true or not.
  - encryptluks2 4y ago
    Musk's lawyers are too scared to point out what they are lying about though and where they got that information cause if they did point it out it would destroy Musk's allegations.
    - epgui 4y ago
      It's not about being scared so much as it is about professionalism. Accusing someone of lying is in effect an accusation of bad faith. An accusation of bad faith is a serious matter, and if you play too freely with it, then you're engaging in bad faith yourself. [1] The concept of misrepresentation is in a grey area that may or may not have a component of bad faith (see for example the concept of "fraudulent concealment" in courts of equity,[2] the test for which includes a finding of misrepresentation, and note that "fraud" in equity is, confusingly, not at all the same concept as common law fraud), so it's a much more intelligent accusation to make in court unless you have highly probative evidence. [3] [1] Clean hands doctrine: https://en.wikipedia.org/wiki/Clean_hands https://en.wikipedia.org/wiki/Clean_hands [2] Equity: https://en.wikipedia.org/wiki/Equity_(law) https://en.wikipedia.org/wiki/Equity_(law) [3] IANAL
      - encryptluks2 4y ago
        There is nothing professional about what Musk has done. That is like saying Bernie Madoff was just being professional.
        epgui 4y ago
        I'm talking about the lawyers, not Musk.
    - dragonwriter 4y ago
      > Musk's lawyers are too scared to point out what they are lying about though and where they got that information Their central allegation is that they didn't get the information because of Twitter’s refusal to uphold their obligations.

Misrepresentation is a necessary but insufficient component for a finding of fraud.

by epgui 4y ago

Misrepresentation is a necessary but insufficient component for a finding of fraud.

That’s why there not outright claiming fraud just lying. That way they avoid illegal issues but if they were to seek damages it would be a fraud case.

dragonwriter 4y ago
They aren't claiming lying either. They are claiming breach of contract, and that it looks to them like lying which, if it did happen, might be fraud, but they can't tell, in part because part of the alleged breaches is Twitter not giving them information that might clarify whether the other claims were true or not.
- encryptluks2 4y ago
  Musk's lawyers are too scared to point out what they are lying about though and where they got that information cause if they did point it out it would destroy Musk's allegations.
  - epgui 4y ago
    It's not about being scared so much as it is about professionalism. Accusing someone of lying is in effect an accusation of bad faith. An accusation of bad faith is a serious matter, and if you play too freely with it, then you're engaging in bad faith yourself. [1] The concept of misrepresentation is in a grey area that may or may not have a component of bad faith (see for example the concept of "fraudulent concealment" in courts of equity,[2] the test for which includes a finding of misrepresentation, and note that "fraud" in equity is, confusingly, not at all the same concept as common law fraud), so it's a much more intelligent accusation to make in court unless you have highly probative evidence. [3] [1] Clean hands doctrine: https://en.wikipedia.org/wiki/Clean_hands https://en.wikipedia.org/wiki/Clean_hands [2] Equity: https://en.wikipedia.org/wiki/Equity_(law) https://en.wikipedia.org/wiki/Equity_(law) [3] IANAL
    - encryptluks2 4y ago
      There is nothing professional about what Musk has done. That is like saying Bernie Madoff was just being professional.
      - epgui 4y ago
        I'm talking about the lawyers, not Musk.
  - dragonwriter 4y ago
    > Musk's lawyers are too scared to point out what they are lying about though and where they got that information Their central allegation is that they didn't get the information because of Twitter’s refusal to uphold their obligations.