Definitions & Examples Flashcards
Deception
A false representation where the person making the representation intends to deceive any other person, knowing or being reckless that it is false in a material particular
OR
An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it.
OR
A fraudulent device, trick, or stratagem used with intent to deceive any person.
Dishonestly
Without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority
Claim of Right
Section 2 CA 1961 - A belief at the time of the act in a propriety or possessory right in property
Material Particular
A material particular is a matter of significance, it is something important or something that matters.
‘Critical to the matter at hand’.
False Representation
Representation - about a past or present fact, future event or an existing intention, opinion, belief, knowledge or state of mind
False Representation - the representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false.
Wilful blindness will suffice.
Obtain
Obtain or retain for himself or herself or for any other person
Taking
Moving property or causing it to be moved.
Loss - section 240(1)(d)
Must be in the nature of a direct loss. Indirect losses such as expectation loss and loss of anticipated profits are not included.
R v Morley - the loss alleged by the victim must have been induced by or caused in reliance upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.
Omission
Inaction i.e. not acting. Either a conscious decision not to do something or not giving it thought at all.
A duty to disclose requires you to show that there was a material particular required to be disclosed that was not.
Property
Section 2 CA 1961 - Any estate or interest in any real or personal property, money, electricity, any debt, anything in action, any other right or interest.
Control
Exercise authoritative or dominating influence or command over it.
Interest
A legal or equitable state or interest in property or a right, power, or privilege in connection with a property.
Special Interest
Contractors Lien, a right over another persons property to protect a debt charged on that property.
Credit
Obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.
Obligation to pay must be legally enforceable.
Incurred Debt/Liability
Debt - money owing from one person to another.
Liability - financial obligation to pay.