Fraud?
All right, let's see what Black's Law Dictionary (fourth edition, copyright
1991) has to say about fraud:
"FRAUD - Intentional deception resulting in INJURY to another." (emphasis in
original text). It further adds that: "Elements of fraud are: a false and
material misrepresentation made by one who either knows it is falsity or is
ignorant of its truth; the maker's intent that the representation be relied
on by the person and in a manner reasonably contemplated; the person's
ignorance of the falsity of the representation; the person's rightful or
justified reliance; and PROXIMATE INJURY to the person."
Simply changing or altering the front panel of the Omni Six does not in and
of itself constitute fraud. If there is no intention to sell the unit,
where is the injury? In fact, if one who alters the panel of the Omni Six
is forthright and informs the prospective purchaser that he or she has made
such a change, no damage or injury has occurred: the two parties have
reached a meeting of the minds. It's only when the owner of a modified Omni
Six MISREPRESENTS the Omni Six as an Omni Six Plus to the unknowing
prospective purchaser that fraud becomes an issue.
-Paul, W9AC
----- Original Message -----
From: Jim MILLER <k4sqr@juno.com>
To: <mmaseda@gte.net>
Cc: <tentec@contesting.com>
Sent: Sunday, June 27, 1999 4:47 PM
Subject: [TenTec] "Disguising" Omni VI to look like a "PLUS"
>
> Manuel, W4SSB;
>
> Being able to buy a front panel from Ten-Tec is not at issue my friend.
> Deceiving a casual person/inexperienced person into thinking the xcvr. is
> a "Plus" Model 564 when in fact it is a Model 563. (fraud) is the issue.
> That sir constitutes fraud. If an Omni VI owner orders a Plus panel and
> installs it, that is f-r-a-u-d.
>
> Period.
>
> 73,
> Jim Miller, K4SQR
>
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