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king07828 | 5 years ago

One can argue that the conduct is detrimental to the victim's interests and that the conduct constitutes common law fraud [1] because (1) the saboteur tells the victim "I like you", (2) the saboteur knows this is false or reckless, (3) the saboteur intends for the victim to leave the victim's current relationship, and (4) the victim left his or her current relationship.

I am not your lawyer. This is not legal advice. If your partner is actively sabotaging your relationship, it may not be a good idea to stay with that person.

[1] in Texas: In order to prove fraud, a plaintiff must show that (1) the defendant made a material representation that was false, (2) the defendant knew the representation was false or made it recklessly as a positive assertion without any knowledge of its truth, (3) the defendant intended to induce the plaintiff to act upon the representation, and (4) the plaintiff actually and justifiably relied on the representation, which caused the injury. Ernst & Young, L.L.P. v. Pac. Mut. Life Ins. Co., 51 S.W.3d 573, 577 (Tex. 2001).

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Sebb767|5 years ago

I'd compare it more to the law of entrapment: You need to show that you did the action because it was an officer convincing you; the fact that you were convinced/talked into doing something is not enough. Which seems parallel to our case: The spouse in question was open to cheating; the fact that it was a detective (or fraudster) on the other side seems irrelevant.

But I see your point, it feels fraudulent since you prove one side is bad by doing something (possibly) equally as bad, but only one thing is regarded in court. Though it will probably look bad if it's found out.

> I am not your lawyer. This is not legal advice.

Me neither, but I think it's an interesting topic.

> If your partner is actively sabotaging your relationship, it may not be a good idea to stay with that person.

Of course. But that was the point all along, I guess ;)