Law - Fraud
- Created by: mariehemmo
- Created on: 29-04-16 14:03
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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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