Law Unit 4 Case Cards - Fraud By False Representation

AQA Unit 4 Examination PM 23rd June

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  • Created by: Jo
  • Created on: 06-06-11 19:34

Fraud by False Representation - Fraud Act 2006

False Representation

MPC v Charles (1977)

D agreed with his bank manager that he would not write more than one cheque per day and for not more than £30. He was permitted to keep his cheque guarantee card. In a casino he wrote 30 cheques, each for £25, using his cheque guarantee card. 

Held: D was guilty of deception because he was not authorised to use the cheque guarantee card in that way.

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Fraud by False Representation - Fraud Act 2006

False Representation

R v Lambie (1982)

D exceeded her credit limit on her Visa card and failed to pay any of her debt. Barclay card asked her to return the card. She continued to use it.

Held: D falsely represented that she was entitled to use the card in that way, in that transaction. 

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Fraud by False Representation - Fraud Act 2006

False Representation

R v Nabina (1999)

D lied about his circumstances in order to obtain various credit cards. He used these in several shops etc. 

Held: that he had not deceived the ships because he was authorised at that point to use the cards. He would be guilty of fraud against the card issuers. 

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Fraud by False Representation - Fraud Act 2006

Intending to Make a Gain or Cause a Loss

DPP v Ray (1974)

D went into a restaurant with friends, believing they would pay for his meal. Later they all agreed to run off without payment when the waiters were in the kitchen. 

Held: that D's initial implied representation that he would be paid for was true, but there was a false representation of his present intention when he remained at the table after the agreement not to pay.

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Fraud by False Representation - Fraud Act 2006

Intention to Make a Gain or Cause a Loss

R v Rai (2000)

D's mother was infirm so he applied for a council grant to install a downstairs bathroom. Two days after the grant approval, she died. He failed to rectify the impression that the circumstances were unchanged.

Held: that D misrepresented his present intention.

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Comments

Michael

nice revision cards, will be using them, thanks. 

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