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Fraud Fraud prevents mutual agreement to a contract because one party intentionally deceives another as to the nature and the consequences of a contract. It is the willful misrepresentation or concealment of a material fact of a contract, and it is designed to persuade another to enter into that contract. If a special relation-ship exists, such as that of attorney and client, nondisclosure of a material fact is fraud. Many courts have held that mere silence concerning a material fact did not constitute fraud, but the emerging trend is to find a duty to disclose and, therefore, deliberate concealment of a material fact gives rise to an action for fraud.
A contract that is based on fraud is void or voidable, because fraud prevents a meeting of the minds of the parties. If the fraud is in the factum, (i.e., during the execution of the contract) so that the party would not have signed the document if he or she understood its nature, then the contract is void ab initio (i.e., from its inception). The signatory is not bound if a different contract is substituted for the one that he or she had intended to execute. If, however, a party negligently chooses to sign the contract without reading it, then no fraud exists and the contract is enforceable. If the fraud is in the inducement, by which a party is falsely persuaded to sign a contract, the terms of which he or she knows and understands, then the contract is not void but is voidable by the innocent party, as that party executes what is intended to be executed. If, however, due to fraud, a contract fails to express the agreement that the parties intended it to express, then the defrauded party may seek a decree of reformation, by which the court will rewrite a written agreement to conform with the Original Intent of the parties
op loses if a judge finds out he hid the head gasket problem. end of story
Thanks for the "educaton" I guess if it wasn't written in a book for you to copy word for word you can't spell it.
Dude texts me today says he took it to a mechanic. He tried to tell me that the gasket has been blown for 6 months and somehow he knew that with out taking off th head ? Lol anyway I just towed 17k lbs a month ago and ive put 6k miles on the truck in the last 6 months and had no issues. He asked if theres any way id refund him. I said no. He said he kept it below 10psi the whole trip home and the mechanic told him that it wasnt him who blew it but me and wants to charge 2k for a head gasket job. I told him his mechanis is fuckin retarded. I also metioned he most likey hurt it when he pegged it during the test drives.
Long story short he sent me back a text saying "I made my bed and now I gotta lay in it so I will take care of it" I told him to change the gasket fire ring it amd stud it if he wants to drive it like he did. He replied "ok I will its mine now so ill deal with it, have a good one"
Dude texts me today says he took it to a mechanic. He tried to tell me that the gasket has been blown for 6 months and somehow he knew that with out taking off th head ? Lol anyway I just towed 17k lbs a month ago and ive put 6k miles on the truck in the last 6 months and had no issues. He asked if theres any way id refund him. I said no. He said he kept it below 10psi the whole trip home and the mechanic told him that it wasnt him who blew it but me and wants to charge 2k for a head gasket job. I told him his mechanis is fuckin retarded. I also metioned he most likey hurt it when he pegged it during the test drives.
Long story short he sent me back a text saying "I made my bed and now I gotta lay in it so I will take care of it" I told him to change the gasket fire ring it amd stud it if he wants to drive it like he did. He replied "ok I will its mine now so ill deal with it, have a good one"
smh.
`92 325 vert - `90 325 coupe `99 m3 - Instagram @e30L
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