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Flashcards in DECEPTION - Case Law Deck (6)
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1
Q

R v MORLEY - intention to deceive

A

R v MORLEY

The intention to deceive requires that the deception be practiced in order to deceive the affected party. Purposeful intent must exist at the time of the deception

2
Q

R v HAYES - pecuniary advantage

A

R v HAYES

A pecuniary advantage is “anything that enhances the accused’s financial position.

3
Q

R v HAYES - valuable consideration

A

R v HAYES

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”.

4
Q

FISHER v RAVEN - obligation to pay or repay

A

FISHER v RAVEN

Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable

5
Q

R v MCKAY - Intention to deceive

A

R v MCKAY

Intention to deceive must exist when credit obtained.

6
Q

R V MORLEY - Loss

A

R v MORLEY

The loss alleged by the victim must have been:-

  • As a result of the deception.
  • It doesn’t to be the only operating factor,
  • As long as it played a part in causing the loss.