Law - Fraud

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  • Fraud by false representation Fraud Act 2006
    • AR: A false representation by D
    • representation
      • Of fact: statements e.g. it's a great car
      • of law: representing you have the authority to sell the car
      • as to state of mind: belief that car has never broken down
      • express: words/ conduct e.g. This is my car
      • Implied: Don't say anything - assume (R v Barnard - dressed as + claimed to be a student)
    • False representation
      • Question of fact for jury to decide
      • A representatio is false where it is untrue or misleading
        • Misleading: less than wholly true, capable of meaning detrimental to V
      • Excessive quotations/ estimates for goods / services
    • MR: at time of false representationD is dishonest + knows representation is/might be untrue/ misleading + D intends to make gain or to cause a loss
      • Dishonesty: Apply test for Ghosh 1982
      • Knowledge of FR: Did D know representation was/ might be untrue/ misleading
      • Intention: At time of FR, D intends to make gain for himself/ another or to cause loss to another or to expose another to the risk of loss
        • No requirement to prove gain/loss/risk of loss
        • Gain/loss: Of money or other property + may be permanent or temporary


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