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Sued for inaccurate reading?


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Haha! Should we sue the weather-man when their "predictions" are incorrect and it rains on your wedding day?  :))

 

It depends.

If you didn’t pay the weatherman for a forecast, you wouldn’t have a legal basis to sue them.

 

However:

(1) had you hired a meteorologist to forecast which weekend would be sunny for your wedding and, based upon tried and tested scientific data and forecasting programs, they did so and you set the date for your wedding based on your reliance on his/her conclusion, and on your wedding day there was inclimate weather, then yes, you could have a claim for breach of contract against them. 

 

Or

 

(2) If the meteorologist held out to the public his accuracy in forecasting sunny days, knowing it was untrue, he intended to deceive you to get the contract, his deception actually induced you to contract with him, a reasonable person would have relied on his promise to predict a sunny day to have your wedding, and it rained on your wedding day, then you’d have a claim against him for fraud.  (This is the Miss Cleo’s psychic hotline scenario. They were sued successfully for fraud.)

 

The first scenario confuses me.  I am not arguing with you, Clairbuoyant[/member].  I just don't get it.  Did the meteorologist promise in a written contract that their forecast was guaranteed?  Then the contract seems from my layperson's perspective to be fraudulent and your second example could apply.  But if they did not make that promise, or maybe even if they did, then what is the actual basis of the lawsuit?  It’s hard to understand how anyone would believe that any weather report is guaranteed, especially far enough in advance to plan a wedding, which may be relevant to the “reasonable person” concept.  Also, could a meteorologist be expected by law to be infallible? Legally, I don't see the grounds for liability. 

 

I’m not a lawyer so maybe I’m wrong.  (Even if I were a lawyer, I could be wrong!)  But I was fascinated by this idea, so I tried to research the question.  I didn't get very far.  The few Google citations I found seemed to indicate that such lawsuits have not and would not be successful.  Again, I am not being argumentative.  I am being curious.  I am not a lawyer or a paralegal or a research assistant.  Maybe I just can't locate the relevant material.  Could you please provide references to a case or legal statute or opinion to support your statement that someone could have a claim for breach of contract for an inaccurate weather forecast that was not deliberately deceptive or fraudulent but simply wrong?  I'd also like to read about cases where a privately contracted meteorologist was actually deliberately deceptive and was sued for ruining a wedding.

 

I was also interested in the Miss Cleo example.  I couldn’t find any mention of that either.  Miss Cleo was indeed successfully sued more than once, but not by any private individuals or for any cases involving weather predictions that I could find.  However, I didn’t dig very deeply even into Google and I didn’t use any legal databases so the information may be out there.  If so, could you tell me where to find it?  Again, I am not doubting or arguing with you, Clairbuoyant.  I really want to know more about this!

 

 

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Guest libra

 

One of Dean Radin's books is called Entangled Minds. ...They're just fascinating recountings of research that's been done and that's why I have such fascination with the subject.

 

 

I am not willing to read a book just to preach to someone, but I have approached a certain friend of mine about my tarot reading (which was very private thing for me for years) and he reacted very defensively, in a way that kind of made a huge judgment that all people who do anything relevant to that kind of business were just frauds that were manipulating people for money, just like the church in history, yada yada. He kind of went off about it in a very negative manner and I was just curious what it is in him that has such hurt attached to it. I mean, by sharing something that he may actually find approachable about the subject perhaps will open up a doorway to relax whatever muscle has a really tight knot in there, enough to kind of go off frantic from a simple discussion with a friend. I hope to reach the peace within him.

 

Ugh people like that... I did a reading for my boyfriend's best friend's girlfriend and she told him about it and before she could even get into the reading, he was apparently bashing me for thinking I could tell the future and blah blah blah, but I had actually  just done her Birth Cards and thus was mostly a personality assessment and things like "You've probably come across a lot of situations like thisblahblahblah, and that's because one of your life lessons is to learn thatblahblahblah." so she explains that to him... And he turns around and goes "Well if she didn't tell you the future, how is that even a tarot reading?"

 

Like buddy. Either keep your ears open when we are explaining it to you (he has earlier literally walked away from a conversation she & I were having with him taking about how we use tarot!), or keep your mouth shut about it later!

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NocturnalSpark

This is all very interesting and the possibility of being sued has made me think twice about doing tarot readings professionally, especially in the U.S. where people can sue for anything. People do pay lots of money for entertainment -- movies, live shows, etc., so I don't think the for entertainment purposes only disclaimers would deter anyone.  I think most people understand disclaimers and legal policies that nowdays you sign to do anything, not that they are foolproof.  Think there's a liability insurance for that sort of thing, and in just about any profession you can get sued. If I ever start doing something more formal than readings for people through word of mouth, I would put a disclaimer get insurance, all the precautions, but I'm just super caution when it comes to these things. I think a lot of law is based on things that are provable by mainstream science so that does put people working as fortune tellers or tarot readers in a bad position in terms of lawsuits.

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