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by dragonwriter 2808 days ago
> Do you have a legal citation for this?

As far as I am aware, no one has actually attempted to make a fraud claim on the grounds that mere purchase (and/or the statement of intent to purchase) a composite good or service was a representation by the buyer to the seller of intent to use every portion of the good or service so sold and had the case survive to a published decision on that question.

But, you know, if you can find a case supporting your claim that this intent would clearly be inferred from such an aggregate purchase, I'd love to hear it.

2 comments

Damn. If this becomes legal precedent will I be forced to read every page of books I buy?
And you'd damn well use both items of your Buy One, Get One Free offer. No sharing. No only using half of the second item.
To purchase the ticket you agree to the contract of carriage, which explicitly disallows hidden-city ticketing in section 6, subsection J, paragraph 1. See here: https://www.united.com/ual/en/us/fly/contract-of-carriage.ht...

So when you agree to use the ticket to travel all the way to the final destination, I think that qualifies as a "representation... of intent to use every portion of the good".

I addressed that (assuming that the contract likely covered this) in my first post in this thread: “Even if the contract of carriage has language to that effect, which might give you a breach of contract claim, I don't think you’ll find much support for the use of language in a contract of adhesion as a representation by the non-drafting party for fraud claim.”