I am involved in a lawsuit invovling property damage to spruce logs for a home. We offered to replace damaged property with the same logs from the same area. The spruce logs came from an area known for its twisted grain and the builder exceeded industry standards for amount of twist allowed. In short the owner rejected the offer and is wanting better quality logs than he had started with and is wanting more expensive logs from Canada. This is going to be a jury trial. Would this not be seen as a form of fraud?
2006-11-13 12:33:40 · 3 answers · asked by Jordan d 1 in Politics & Government ➔ Law & Ethics
What will probably happen is that they will be awarded what the original logs cost, they can upgrade and pay the difference themselves. The court will not allow them to profit, only recover damages.
2006-11-13 13:08:15 · answer #1 · answered by mightymite1957 7 · 0⤊ 0⤋
Probably not fraud - just greed - but no jury in its right mind is going to render a decision to compensate someones loss with more than they actually lost.
That's like you breaking my 25" television and I demand you replace it with a nice 50" Hi Def flat screen set - ain't gonna happen.
2006-11-13 20:40:04 · answer #2 · answered by LeAnne 7 · 1⤊ 0⤋
It's not fraud, just pushiness. The law says that you only have to compensate them for what they started with. It will clearly be dismissed/found not to be an issue and you should countersue for court & attorney costs.
2006-11-13 20:43:44 · answer #3 · answered by lindzers99 2 · 0⤊ 0⤋