Heidelberg, MS asked in Criminal Law and Business Law for Texas

Q: I have a direct sales business. I have ordered from a person in past. In july i mentioned i would be needing more soon.

So she made them at that time and billed for them. I have not paid and have not received. Is this fraud

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: No, you are not likely guilty of fraud based on the facts as stated.

This is more of a civil law question than a criminal law question. While there are many nuances to fraud, it usually requires a false representation of material fact which you knew was false or which you made recklessly as a positive assertion and without knowledge of the truth and which you intended the other party to act on and which they relied and acted on in a way that caused them injury. Merely mentioning you would be needing more soon does not satisfy the required elements of fraud.

Now, if you actually ordered merchandise which had to be specially manufactured by the seller, you could be legally liable for the price of such goods even though they have not been delivered.

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