Legal Question in Credit and Debt Law in Michigan
Internet dating
I was speaking with a person in Michigan through an internet dating service. We emailed for a couple of weeks then moved to a phone conversation. Stupidly, I invited him to my state for a visit. He agreed and booked an airline ticket. After a couple of days, and going through some unread emails he had sent I decided that it was not a good idea for him to come. I attempted a few times to disuade him from coming- saying I had to work etc. He would not budge - he was still coming up to visit. Finally, due to feeling very uneasy about the situation I told him I would pay for his $294 airline ticket that he had bought to get him to not come to my state.
This was a month or so ago and I have yet paid him. He has now sent me a threatening letter and voice message - stating that he is going to sue me for the money and that the email trail could be construed as a contract.
I need to know if he would have a case if this went to court.
1 Answer from Attorneys
Re: Internet dating
Hello and Thanks for Writing -
I guess it's my nature to look for the humor in things, but if all it costs you is $300 to find out out that this guy is "Mr. Wrong" then maybe it's money well spent.
But seriously, you had every right to change your mind and inform this guy that he shouldn't come and see you, it's a matter of your personal safety and well-being. And he was completely out of bounds to push the matter, and it was his choice to buy the plane ticket in the first place and the risk of him not making the trip was entirely on him, and not your legal responsibility.
Where things get muddled is when you promised to reimburse him for the cost of the ticket in return for his promise not to come see you. He has a point, you two may have formed a contract at that point. But there is a well-known defense to contract formation which lawyers refer to as "duress," that's when someone enters into a contract under great pressure or coercion, for instance, a person entering into a contract only to prevent physical harm or economic calamity.
If you agreed to pay for the ticket out of a well-reasoned fear that this man might put you at risk in some way, then I believe you should rely on a "duress" defense if and when this foolish man comes after you in court.
Regards and Good Luck -
Len Foy
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