Fraud

Question 1

Fraud by False representation - what is the AR?

Answer 1

D makes a false representation. Can be done via words or conduct and omission.

Question 2

Fraud by False representation - what is the MR?

Answer 2

D knows that they are making an untrue/ false representation dishonestly, with the intention to make a gain or cause a loss to another.

Subjective test

D must know and intend that their false representation will get them something out of V.

There must be a causative link between the fraudulent representation and the loss/gain suffered

Question 3

Fraud By Failing to Disclose Information - what is the AR?

Answer 3

Failing to disclose information which D is under a legal duty to disclose. This duty can arise out of a fiduciary relationships; contractual relations; contracts of insurance and statute.

Question 4

Fraud By Failing to Disclose Information - what is the MR?

Answer 4

Failing to disclose information dishonestly, with the intention to make a gain or cause a loss to another.

Subjective test

There must be a causative link between the witholding of info and the loss/gain suffered

Question 5

Fraud by the abuse of position - what is the AR?

Answer 5

D has a position where they are able oversee or be responsible about someything (finances) and they abuse this position, to make a gain for themselves.

Question 6

Fraud by the abuse of position - what is the MR?

Answer 6

Dishonesty and having the intention of using their position to cause loss to another or make themselves a gain.

Does not matter if they are successful in abusing their position etc. Crime has been committed.

Subjective test