Jordan,
Here is my preliminary analysis based on Ms. L 's allegations, the contract images, and a review of Texas Contract law. Based on the language and the images of the contract, I don’t believe there are any defenses specifically stated. There is no termination clause that would allow Ms. L to end the agreement. Additionally, it doesn’t appear that there is a breach of contract with regard to the services that Ms. Lowe was to receive.
Ms. L may have a claim for fraudulent inducement. Fraudulent inducement has four elements: (1) false representations of material fact made to the plaintiff during the negotiation; (2) false representations made knowingly and intentionally by the defendant; (3) the plaintiff reasonably relied on the false representations in agreeing to the contract; and (4) the plaintiff suffered damages. In this case, Ms. L alleges that the Company employee, Wanda, brought out a stack of “potential prospects” after she stated “how important it was that the men were in the area.” After being granted …show more content…
Ms. L may also have a claim for fraud since she is alleging that she did not have a clear understanding of what she was agreeing to because of the actions of the Fort Worth Dating Company employee. Last, Ms. L initialed next to the paragraph stating that this was the entire understanding with the company and that no oral representations by either party will affect this agreement.
In reviewing the Attorney General’s consumer protection division website, I was unable to find any favorable resources there. In following up with the client, I think it would be beneficial to ask the following questions:
1. Did you seek out the company or did the company send you advertising material?
2. Do you have any emails that document interactions with the company or was all of this done over the
Here is my preliminary analysis based on Ms. L 's allegations, the contract images, and a review of Texas Contract law. Based on the language and the images of the contract, I don’t believe there are any defenses specifically stated. There is no termination clause that would allow Ms. L to end the agreement. Additionally, it doesn’t appear that there is a breach of contract with regard to the services that Ms. Lowe was to receive.
Ms. L may have a claim for fraudulent inducement. Fraudulent inducement has four elements: (1) false representations of material fact made to the plaintiff during the negotiation; (2) false representations made knowingly and intentionally by the defendant; (3) the plaintiff reasonably relied on the false representations in agreeing to the contract; and (4) the plaintiff suffered damages. In this case, Ms. L alleges that the Company employee, Wanda, brought out a stack of “potential prospects” after she stated “how important it was that the men were in the area.” After being granted …show more content…
Ms. L may also have a claim for fraud since she is alleging that she did not have a clear understanding of what she was agreeing to because of the actions of the Fort Worth Dating Company employee. Last, Ms. L initialed next to the paragraph stating that this was the entire understanding with the company and that no oral representations by either party will affect this agreement.
In reviewing the Attorney General’s consumer protection division website, I was unable to find any favorable resources there. In following up with the client, I think it would be beneficial to ask the following questions:
1. Did you seek out the company or did the company send you advertising material?
2. Do you have any emails that document interactions with the company or was all of this done over the