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by otterley 2803 days ago
The reason I'm not citing anything is because there's nothing to cite. The (mis)representation in this case is crystal clear: "I want to fly to city B."
2 comments

I completely disagree it's crystal clear.

How does buying something indicate your intent, wants, or wishes? If I buy a can of spray-paint, the store has no idea if I am using it to paint my child's bicycle, tag graffiti, use it as a weapon and hit someone on the head, or as part of a wonderful "Rube Goldberg" device which at the end an implement hits the sprayhead which sprays through a bright white light as part of performance art.

Another example, a true story: yesterday I visited an ice cream store with my friend. She wanted a scoop with chocolate sauce, and I wanted just a scoop. 1 scoop was 4.29+tax. A 3 scoop sundae with chocolate, nuts, and strawberry-sauce was 7.98+tax. Even though we only wanted 2 scoops we got the sundae because it was cheaper and scooped the strawberry-sauce off and into the trash (crazy I know, we don't like it). Did we defraud the ice cream store?

People buy "more than they need" all the time, and purchasing a good provides no intent as to what one wants or how they wish to use it.

Facts and circumstances matter; not every case is comparable. In the specific case of buying airplane tickets, it’s reasonable for a carrier to infer intent to travel to a particular destination from the user’s input.
>How does buying something indicate your intent, wants, or wishes?

Because when you buy a united ticket you agree to a contract of carriage that specifically says you will use the ticket in its entirety.

Note that this contract is not a law: i would be surprised if it stood in court. According to it, if I feel sick and terminate my flight at the stopover, of if I learn of a business emergency and I have to go back, I am still in breach of this ridiculous contract?

And what makes it most ridiculous is this: "Any practice that United believes, in its sole discretion, is exploitative, abusive or that manipulates/bypasses/overrides United’s fare and ticket rules."

Can they ban me from United- yes. Can they try to collect money and threaten me with a credit dent? They can, until they ran into a lawyer or into a motivated person with time and resources on their hands.

Contracts have to be argued in court, but you're going to have a tough time arguing that case on a contract whose terms you intended to breach even as you agreed to them.
Impossibility is a defense to a breach of contract. And let’s not be silly; United’s not going to go after you for unintentional breach due to illness. Come on, use some common sense.
Are you arguing that buying a return ticket even though you need a (much more expensive) one way ticket and then not using the return segment is fraud?

Apart from proving that you intentionally bought a return flight best of luck defining this as fraud in front of a judge.

Yes, that is fraud too, and is strictly prohibited by the Contract of Carriage.
That's why there's a decent case for a breach of contract claim (subject to all the concerns that usually apply with contracts of adhesion.)

But the language of a contract of adhesion doesn't seem likely to be taken as a representation by the non-drafting party in a fraud case.

I don't want to fly anywhere. I want to buy a plane ticket with my name on it good for travel to B if I decide I want to do that later.
The law doesn’t care about your subjective intent; it will be interpreted objectively, according to the facts and circumstances that can be observed externally of the interaction between you and the carrier. This is a basic tenet of contract law.