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by otterley 2803 days ago
Attorney here! (Not providing legal advice, though.)

I agree that the Contract of Carriage is probably not the strongest basis by which United can demand recompense for abandoning a segment. Instead, I think they have a better chance of prevailing on a common-law fraud theory; see my explanation above.

1 comments

Lay person here.

Fraud is a criminal matter isn't it? Can United directly sue the passenger in civil court, or must they file a complaint with law enforcement and let a prosecutor handle it?

There’s civil fraud and criminal fraud, just like there’s wrongful death (civil) and murder (criminal). The difference is that there’s no imprisonment or other societal penalties for being liable under civil law - only money is involved.
Thanks for that - appreciate the response.