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I would say its fraud. It completely ignores what the client is asking for. Although unlikely in this example there may be other reasons they pick that technolo

I would say its fraud. It completely ignores what the client is asking for. Although unlikely in this example there may be other reasons they pick that technology that you're not aware of. If I hire a contractor for to put in lead pipes and I get copper pipes that's fraud. Lead is bad and its my job to help them, but if they insist I can either do the job or leave. For all I know maybe they need lead cause they are a lab and the lead does something for them.

rgbrenner 14y ago
Definitely fraud. Fraud consists of five elements: The making of a false statement; With knowledge that the statement is false or with reckless disregard as to whether or not the statement is false or true; With the intent that the listener rely on the statement; With the result that the listener relies on the statement; With the consequence that the listener is harmed. He's just missing the last part: proving he was harmed. This might come later when he tries to hire someone to maintain the app; or when he finds he can't outsource the hosting of the app; or he can't integrate it with some other software he needs; or some other problem because the developer didn't use RoR. http://contracts.uslegal.com/fraud/ http://contracts.uslegal.com/fraud/
- Gorbzel 14y ago
  Are you a lawyer? Do you know at all what is necessary to prove the black letter elements of fraud in the jurisdiction where the contract between the dev/client originated? Are you licensed to practice there? No? Well then it seems by saying that it's definite fraud, you've made a false statement with reckless disregard as to whether or not it's true, with the intent that someone reading these comments would rely on your statement and form a conclusion which would negatively impact and defame the developer in question here. Now of course what I'm suggesting is ridiculous, but no more than your completely unfounded statement that this situation is "definitely fraud." You don't know what you're talking about, your URL citation makes that inherently clear to anyone who does and it's just unnecessary to comment like this.
  - rgbrenner 14y ago
    I did forget the obligatory IANAL. Good catch.

rgbrenner 14y ago

Definitely fraud. Fraud consists of five elements: The making of a false statement; With knowledge that the statement is false or with reckless disregard as to whether or not the statement is false or true; With the intent that the listener rely on the statement; With the result that the listener relies on the statement; With the consequence that the listener is harmed. He's just missing the last part: proving he was harmed. This might come later when he tries to hire someone to maintain the app; or when he finds he can't outsource the hosting of the app; or he can't integrate it with some other software he needs; or some other problem because the developer didn't use RoR. http://contracts.uslegal.com/fraud/ http://contracts.uslegal.com/fraud/

Gorbzel 14y ago
Are you a lawyer? Do you know at all what is necessary to prove the black letter elements of fraud in the jurisdiction where the contract between the dev/client originated? Are you licensed to practice there? No? Well then it seems by saying that it's definite fraud, you've made a false statement with reckless disregard as to whether or not it's true, with the intent that someone reading these comments would rely on your statement and form a conclusion which would negatively impact and defame the developer in question here. Now of course what I'm suggesting is ridiculous, but no more than your completely unfounded statement that this situation is "definitely fraud." You don't know what you're talking about, your URL citation makes that inherently clear to anyone who does and it's just unnecessary to comment like this.
- rgbrenner 14y ago
  I did forget the obligatory IANAL. Good catch.