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 Originally Posted by Dukeof Kircaldy
Or, you can take your pick, There are loads of ancestral coats of arms in my family. Fortunately, none of them I can say I really like. Do I feel like having someone come up with one for me? Heck no!
I think the use of the term "fraud" is a bit severe here since all that is being presented is a that you are being deceived of something. These people are selling some form of history.
And as others have pointed out, it can add as impetus to learning our family history.
My dad traces his family back to the 12th Century, which isn't as interesting to me as my mother's American mutt family. I started doing research on that based upon curiosity and orphaned family photos.
Scratch back far enough and I am sure most people have interesting ancestors.
Sorry, but I disagree. The people who are innocently purchasing "family crests" are being deceived that the arms of someone in the past who may or may not have been their relative somehow belong to them. That sure sounds like fraud to me.
Regards,
Todd
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 Originally Posted by cajunscot
Sorry, but I disagree. The people who are innocently purchasing "family crests" are being deceived that the arms of someone in the past who may or may not have been their relative somehow belong to them. That sure sounds like fraud to me.
Regards,
Todd
Can you prove intent to deceive?
Legally fraud is an offense of deliberately deceiving another in order to damage them – usually, to obtain property or services unjustly. If someone is buying a coat of arms, how are they being harmed?
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 Originally Posted by Dukeof Kircaldy
Can you prove intent to deceive?
Legally fraud is an offense of deliberately deceiving another in order to damage them – usually, to obtain property or services unjustly. If someone is buying a coat of arms, how are they being harmed?
 Originally Posted by Finn
Regarding fraud: One thing to consider is that the people who work these booths/kiosks/shops are not genealogists, but minimum wage folks who aren't too different from the kid asking you if you want fries with that. The owners/operators need to know something and be good salespeople. Usually, the worker bees only know how to run the programs on the 'puter.
Ah, I wondered when the "barrack-room lawyers" would come out. 
I suppose I should chalk it up to "a fool and his money are soon parted", but I have little sympathy for these businesses. Yes, it may not fit the legal definition of fraud, but to the heraldry community, it is fraud nonetheless, because someone is being duped into buying arms that are not theirs. I suppose it's a bit like the online places selling term papers to students; whilst it may not be illegal in the eyes of the law, but does that really justify it?
Regards,
Todd
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I am not barrack room lawyer. I have a degree from the University of Exeter and have been admitted to the Bar for nearly 20 years.
 Originally Posted by cajunscot
Ah, I wondered when the "barrack-room lawyers" would come out.
I suppose I should chalk it up to "a fool and his money are soon parted", but I have little sympathy for these businesses. Yes, it may not fit the legal definition of fraud, but to the heraldry community, it is fraud nonetheless, because someone is being duped into buying arms that are not theirs. I suppose it's a bit like the online places selling term papers to students; whilst it may not be illegal in the eyes of the law, but does that really justify it?
Regards,
Todd
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 Originally Posted by Dukeof Kircaldy
I am not barrack room lawyer. I have a degree from the University of Exeter and have been admitted to the Bar for nearly 20 years.
I suppose they don't teach what smileys such as mean at Exeter. 
Apologies for the offence; rest assured I meant none towards your chosen profession.
T.
Last edited by macwilkin; 9th June 08 at 01:34 PM.
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