False Pretenses

Question 1

What are the elements of false pretenses?

Answer 1

1. Obtaining title (ownership, not mere possession)
2. By false statements (must be an intentional false statement)
3. Of past or existing fact
4. Intent to defraud
   
   1. Victim must be deceived or act in reliance on the false statement in title to D

Question 2

Actus Reus

Answer 2

• False pretense or representation
• Obtain title

Question 3

Mens Rea

Answer 3

Intent to defraud

Question 4

Defenses to false pretenses

Answer 4

No material reliance on false representation

*person defrauded must have relied on the false pretense