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I have received an unsolicited electronic message (email sent through my web site) touting for business.

The sender is in breach of the Unsolicited Electronic Messages Act, and I hate spam. He also represents a real company in my part of the world.

Were I to set up a meeting with him, in a place which does not exist, and with no intention of actually transacting or meeting with him, would I be acting illegally ? (I happen to live in New Zealand, but I'm interested in perspectives of other common-law countries as well)

BlueDogRanch
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davidgo
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1 Answers1

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You would be liable for deceit, specifically leading him to believe that you intend to be at a particular place at a particular time to discuss business, but actually you do not so intend.

The measure of damages for deceit is to ask what would have happened had you not deceived him. Absent your deceit, he would not have traveled to wherever he thought he was meeting you. Therefore, you would have to compensate him for his travel expenses to get to the non-existent place and possibly for lost income if he has given up other work to spend time attempting to see you.

You may also commit a criminal offence such as causing a loss by deception: Crimes Act 1961 (NZ), s 240.

Patrick Conheady
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