Quote:
Originally Posted by
GrenadaRoger
Druff
I think you made the correct decision, Moneymaker doesn't have to pay, but you reasoning was wrong ("fictious person")....
The basic rule in law is that fraudlent contracts are unenforceable by the courts or legal system. So while there was a contract (sportsbet) it was a fraudlent one...Moneymaker was induced into the contract by Jason's fraud of saying he was an agent with full authority to take bets for a bookie able to payoff bets taken from Moneymaker. Indeed, there is an implied warrenty in any contract of a bookmaker that the bookmaker can cover all bets he loses.
I understand the legal definetion of a fraud is a knowingly made misrepresentation of a material fact done with intention to deceive, the deception was relied upon and loss was caused. That seems to fit here: the actions of Jason (misrepresentation, intent to mislead, knowlingly made) plus a loss to Moneymaker (that is him being in a contract he can not profit from). But it would be up to a trial court to find decide what is the truth here and a judge to apply the law to the facts.
Also, i believe Nevada is the only state that holds gambling debt are enforceable, no other state allows one to use the courts to enforce these types of contracts.
To wrap it up neatly, Moneymaker should say to Jason what our all hebrew friends say: "Aw, so sue me"
This debate was never about legality.
It was about ethics.
Basically, the question is, "Can Moneymaker walk away from the bet at this point with reasonable justification, or is he just a scumbag welcher?"
I feel he can walk away and should not pay, even if his own actions were not particularly honorable at the beginning.
I feel you should NEVER pay into a scam, no matter what.
A guy booking a bet with you without the proper funds to cover it is scamming you -- even if he feels that he's not and he will somehow find a way to pay it when he wins.
A guy booking a bet as an agent for a fictitious third party is even worse, because he is already setting himself up with a way to avoid paying losses, and that shows a disturbing amount of premeditation.