On Thu, 31 Mar 2005 09:36:40 +0100, ccostelloe at flogas.ie
<ccostelloe at flogas.ie> wrote:
> No. Fraud is deliberately intending to swindle people. It is not the same as incompetence.
If the level of the incompetence is such that, to a reasonable person,
the actions of the supplier stand in complete default from the
advertised and contracted service,
or
if the service level contracted for can be shown to be wholly
unattainable using the normal channels of supply,
or
if it can be shown that in attempting to avail of the service, the
comsumer is expected to perform unreasonable taks which were not
specified at the time the contract was made
then
the service is fraudulent. Pure and simple.
Saying 'oh, we're not evil, just incompetent' is not a defence when,
to any reasonable person, the service on offer is not what was
contracted for. When you agree to supply a service, you are under an
obligation to take all necessary steps to make that service available
to the purchasers. Failure to so do suggests a lack of intent to
supply the service, which is the requisite for fraud.
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