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For a person to be found liable for fraud in the inducement, does it matter if the person kept the money they took or not?

Business 6 views 2 answers
I was doing business in Reno a few months ago with a business and their independent contractor. I paid a substantial amount to this independent contractor to preform a service. They ended up not doing the service though they led me onto believe that they would and then walked away like they had done the service. Months later, I am suing this person in small claims court. This person's attorney is giving me conflicting views. The attorney claims that their client did not get the money and then they claim the client returned the money. The business they used to work for claims they didn't return the money. Both (worker and employer) have proof they did not get the money. I am just wondering if it matters if the contractor received or kept the money? Is the act of fraud sufficient?

Attorney Answers

2
Kigan Martineau ·
Yes. It makes a difference. If they never received the money, then it would be you who broke the contract, they would not be liable. If they returned the money, that amount will be deducted from damages. Speak to attorney to represent you before you get taken advantage of.
0 upvotes
George Tait ·
In any contract agreement there has to be at least 91) a meeting of trees minds, and (2) consideration. In other words a deal has to be made and there must be a quid pro quo. There is not enough information in your question to determine the particulars. For example, if you negotiated in good faith for the contractor to do something and then get paid for it there would be a meeting of the minds - you do x and you will receive payment. If the contractor breached the contract by not performing x then you were not obligated to pay. If you were harmed (incurred damages) as a result of the breach you are entitled to compensation. If, on the other hand, the performance of x was contingent upon you paying and you did not then they were entitled not to perform because you never paid. Essentially it depends upon the contract and what really occurred. In small claims cases the rules of evidence are relaxed and you should be able to represent yourself.
0 upvotes

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