I have a strange situation in a contract.
I entered into a MOU with a certain individual. An MOU was signed on date 1. Later another MOU was possibly signed on date 2. I do not recollect. I never bothered to take copies from him. I do have an email that proves that I asked him for those as they were not given to me. I was too busy with other work. Yes this sounds ridiculous but true. He is a super rich person so I did not every think that he would resort to any fraud.
About four years later he gave me a Xerox copy.
Another four years pass by and I head into litigation. I dig back and find that the date on the MOU that he had given me just could not have been the same MOU that I supposedly signed on that date.
The MOU was notarized and the only date on the signing page is the date stamped by the notary. I have evidence that the other pages of the notarized agreement could not have been signed on the date notarized.
I got wary and found that there is a Supreme Court judgement against his person regarding allegations where he was involved in creating false document. That was sent back to the trial court. I have nothing to do with that judgement or case.
Question 1: I would like to know under what provision of law (Contract Act, I presume) will I be able to sure this person. It cannot be plain fraud because somehow this does not fit into the legal definintion of fraud I think. Can some brilliant legal minds here give me some pointers on what is the CAUSE OF ACTION in this case?
Second question: The MOU was intended to be for one purpose but the intent of the other party, in entering the MOU, as is clear now, was totally different. Is fraud actionable here when there is provision in the MOU that parties have not depended on any representations made by the other party? I am confident that if the intent of the party was mala fide, there must be some cause of action. What is it under the facts presented here?
In your answer, please specify the elements required under the law, to fit the facts.
