Case 9-7 Essay

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Case 9-7 Issue: Kaufman said he would give Williams his house for $10, as well as other valuables in exchange for her promise to take care of him and his wife until they die. While the Kaufman’s were on vacation, Williams locked them out. She also refused to pay the $10 for the house. The question for this case is the question of whether or not fraud is involved based on the facts that were presented. Does Williams have the right to take over the house and all their belongings without having fulfilled her promise or paid the $10? Was their undue influence in this case? Decision/Judgment: Williams has committed fraud against the Kaufman’s. Her intentions were never to care for the Kaufman’s but to obtain their home and all that was in it. Williams must surrender the house back to the Kaufman’s and all its belongings in it. She must also pay for the inconvenience that this has caused the Kaufman’s who have had nowhere to stay due to her fraud. Reason/support: According to chapter 9 in our book, fraud usually involves three elements. The first one is that there must have been a misrepresentation that occurred. This can occur by either words or actions. In this case, Williams verbally agreed to take care of the Kaufman’s until they died. She had already been doing so for a few years prior to this agreement. They had a good relationship established already. This why Mr. Kaufman believed and trusted her when she said she would take care of them in exchange for his home when they die. The second element of fraud is that there must have been intent to deceive. William’s wanted the Kaufman’s home and some of the valuables in it. Even agreeing to pay them $10 for a home that was much more valuable than that in exchange for car was not right. They were essentially offering to pay her for caring for them in exchange for their house. She did not intend to care for

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