Quote:
Originally Posted by Slon
Because the latter involves a contract. They gave Bernie money because he promised them something in return. Bernie lied and the money was lost. Both parties offered consideration, but only one party handed it over because the other party lied about it.
The woman lied to the girl, but took nothing from her. Hence, nothing was lost. In other words, no consideration was exchanged, nor was there even a promise of any consideration being exchanged. It would be like if Bernie told you he was an honest, expert investor (while being a total fraud), and then nothing happened (you didn't promise him anything and he didn't promise you anything).
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So you have to have a contract to do harm to someone?
The woman intentionally acted to cause harm to the girl. And I believe you can be sued for breach of promise in breaking an engagment, so feelings can be seen as having tangible value.
Someone fraudulently calls you up and says they are a policeman and you have to come down to the morgue and identify your daughter's body, as they have her driver's license but need a positive id from a family member. You have a heart attack from the shock. There's nothing that can be done to this person?