Case Law Fraud

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  • Created by: A Francis
  • Created on: 19-03-13 22:09
Section 2 Fraud Act 2006; The offence of Fraud by False Representation is committed if the D
(a) dishonestly makes a false representation, and (b) intends, by making the representation - (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to the risk of loss
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Actus Reus of Fraud by False Representation
The D must make a representation which is false
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Mens Rea of Fraud by False Representation
The D must be dishonest; he or she 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
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Section 2(3) - 'Representation means any representation as to fact or law, including making a representation as to the state of mind of
(a) the person making the representation, or (b) any other person
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Section 2(5) Representations to Machines
A representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
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Silverman
If a workman provides a grossly overinflated quote for repairs, this is a misleading representation
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Barnard
A representation can be implied
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Lambie
By using the card she was implying that she had the authority of the bank to do so, this is an implied representation
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DPP v Ray
By sitting down in a restaurant, there is an implied representation that you will pay for the meal
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Gilmartin
Writing cheques while knowing that there are insufficient funds in the account is a false representation that you will pay for the goods
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The Fraud Act 2006 states that a representation is false if
(a) it is untrue or misleading, and (b) the person making it knows that it is, or might be, untrue or misleading
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A representation is misleading if it is
Less than wholly true and capable of interpretation to the detriment of the victim
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Section 5 Fraud Act 2006 Property
Any property whether real or personal including things in action and other intangible property
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Gain is defined as
By keeping what one has as well as a gain by getting what one does not
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Loss is defined as
By not getting what one might get as well as a loss by parting with what one has
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Other cards in this set

Card 2

Front

The D must make a representation which is false

Back

Actus Reus of Fraud by False Representation

Card 3

Front

The D must be dishonest; he or she 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

Back

Preview of the back of card 3

Card 4

Front

(a) the person making the representation, or (b) any other person

Back

Preview of the back of card 4

Card 5

Front

A representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Back

Preview of the back of card 5
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