No culpable intent - Saab General Bulletin Board - Saabnet.com


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No culpable intent
Posted by Not just playing 1 on TV (more from Not just playing 1 on TV) on Wed, 14 May 2003 08:49:57

In Reply to: Ouch. I'm sooooo tempted to reply, legal issues?, link, WASSAAB, Wed, 14 May 2003 07:36:14
Alert me when someone posts in this thread:

There's nothing to even suggest that SP and the Scammer were in cohorts to rip of the bank or anyone else. Also, nothing suggests SP intended to benefit from bank's reliance on the apparent validity of the check

SP's civil exposure, at worst, is to the returned/processing fee of the item, which he was always willing to pay.

In reality, I suppose SP does run the risk of being mistaken for a coconspirator, but then none of us would get very far if we worried much about being mistaken for a wrongdoer

The real legal issue that probably triggered wasaab's concern is that SP is precluded from claiming that he was ACTUALLY defruaded, civilly or criminally - the critical element of detrimental reliance is missing in either instance. Having deduced the scammer's game, SP is at worst the victim of an attempted fraud - a matter for the local constabulry, not the plaintiff's bar.

That appears to be exactly what is happening.

PS: Wassaab, where are you going to law school?

posted by 24.173.1...

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