Asked July 21, 2016

text message as evidence

  • 1 Answer

Someone messages me saying that a common friend told him he had borrowed money from him and later told him that he has to get the money from me. I was told by the same common friend that he used it for on my issues. Initially i trusted the guy and agreed. so when the person from whom the money was actually taken from texted me, i agreed that i dont have the money and will try to arrange. Later after few months i analyzed my accounts and found that I have never received any such money from this person. So i cleared it out with him that as per my records i dont owe them anything, else show me a proof of it being used. Now they are threatening me with legal action over the said 30,000 which i have never taken. all they have si the initial text message when i had initially agreed. Is it legally binding on me and what are my options.

Answer 1

From the facts of the case, as presented by you, it seems that the person who is claiming money from you had certain business with your common friend and as claimed by your common friend, he used it for your issues but there is no such record of the said transaction.

In this case the concept of contract laws comes into force. When we look into Section 10 of Indian Contract Act, 1872, only those agreements are contract which are entered into by the parties by free consent and that there must a meeting of minds between the parties and the assent must thereby be communicated to the other party as given under Section 7 of The Contract Act. Also, in return of such promise you must have received some consideration.

In your case, all these essential elements required for a valid contract are missing and hence as defined under Section 19 of the Contract Act, such agreements would be voidable at the option of the party whose consent is so caused by means of coercion, fraud or misrepresentation. In your case it seems to be case of misrepresentation or fraud and hence it is upon you to either accept or reject to perform such agreement.

Hence, analysing the entire case, there is no legal means of action against you by the said person who is so threatening to you against the same, until and unless there is a relationship of Principle and agent between you and your common friend and he utilized the said amount under your authority or course of business if any.

A text message can be presented to the Court but there has to be some proof in addition to that which shows that the amount was actually transferred to you. Even if the other party claims that they handed over the cash to you, you must challenge this and ask them to provide witnesses. If there was no transfer then it will be impossible for them to establish that the money was transferred.

So you need not worry until and unless they have any proof of any such transaction and even if they do provide with such proof, it is up to you to either accept or reject the performance of the said agreement. So legally there lies no legal action against you.

Agree Comment 0 Agrees 12 months ago

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