El Monte, CA asked in Personal Injury for California

Q: Are disclaimers on the back of tickets to events a form as fraud?

Its states ticket holder assumes all risks and agrees not to hold organization liable for injury. Seems to be a deceitful practice withintent to deprive another of his right. Since they can not release themself from negligence as I understand.

Fraud consists of some deceitful practice or willful device, resorted to withintent to deprive another of his right, or in some manner to do him an injury. As distinguished from negligence, it is always positive, intentional. Source blacks law dictionary.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: You raise an interesting point, but as a general matter, courts look for certain elements in determining whether fraud arose. These usually include some form of false misrepresentations about something intentionally made by the wrongdoer, knowing that the other party will rely upon them to their detriment. The exact elements can be defined by statute and can vary by jurisdiction. Good luck

Tim Akpinar

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