Fraud by false rep Flashcards Preview

Law > Fraud by false rep > Flashcards

Flashcards in Fraud by false rep Deck (25)
Loading flashcards...
1
Q

In what section of what act is Fraud by false rep defined?

A

S2 of the Fraud Act 2006

2
Q

Define fraud by false rep

A

A person is guilty of fraud if he dishonestly makes a false representation with intention to make a gain for himself or cause a loss to another or expose another to a risk of loss

3
Q

What are the AR elements of Fraud by false rep?

A

D must make a representation

Which is false

4
Q

What are the MR elements of Fraud by false rep?

A

Knowledge that rep is/might be false
Dishonesty
Intention to make a gain/cause a loss

5
Q

What does the representation not have to be and what does that mean that Fraud is?

A

Rep doesn’t have to be received or communicated which means Fraud is an intention crime

6
Q

What does S2(2) say about the rep?

A

Must be false

7
Q

What does S2(3) say that the rep can be about?

A

Law, fact or state of mind

8
Q

Give an example of a rep about fact

A

Selling a car saying it’s brand new when it’s not

9
Q

Give an example of a rep about law

A

Painting yellow lines outside your house

10
Q

Give an example of a rep about state of mind

A

Making out that you’re going to pay

11
Q

What does S2(4) refer to?

A

The different ways in which D can make a representation

12
Q

What are the two types of representation?

A

Express and implied

13
Q

How can someone make an express representation?

A

By words said or written

14
Q

Which case outlines express reps by words?

A

Silverman

15
Q

Which cases outlines implied reps by conduct?

A

DPP v Ray and R v Lambie

16
Q

Which case outlines implied reps by clothing?

A

Barnard

17
Q

Which case states that rep can be made by an omission?

A

R v Rai

18
Q

What does S2(5) say about who the rep can be made to?

A

Rep can be made to a machine

19
Q

Define ‘false’

A

Untrue or misleading

20
Q

Which test outlines dishonesty

A

The Ghosh test

21
Q

Which section outlines the terms ‘gain’ and ‘loss’?

A

S5

22
Q

Define gain

A

Keeping what one has or getting what he has not

23
Q

Define loss

A

Parting with what one has or not getting what one might otherwise get

24
Q

Does D actually have to make a gain/cause a loss?

A

No, he only has intention to do so

25
Q

What must D intend to make a gain/cause a loss of?

A

Property or money as defined in S4 of TA 1968