Fraud by false representation- S2 Fraud Act 2006:
- D dishonestly makes a false representation (as to fact or law) makes a false representation and by making the representation i) to make a gain for himself or another or to cause loss to another or to expose another to the risk of loss.
- Actus reus- D makes representation which is false
- Mens rea- D must be dishonest, he must know or believe the representation to be untrue or misleading and there must be an intention to make a gain or cause a loss.
- Representation can be express (Silverman 1987) or implied (Barnard 1837 or DPP v Ray 1973 or Gilmartin 1983)
- The gain or loss can be temporary or permanent
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