What type of offence is fraud by false representation?
Either- way Offence
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Define Fraud by false representation?
He dishonestly makes a false representation and intends, by making the representation to makee a gain for himself or another or to cause loss to another or to expose another to a risk of loss.
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What is the actus reus for Fraud by false representation?
D makes a representation, which is false.
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What is a representation?
A representation is a claim or statement made by one party in order to induce another party to do something.
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Under S.2 (3) What can a representation be?
As to fact e.g claiming ring is gold but not, As to law e.g claiming your legally entitled to something your not, As to state of mind e.g D knows something V doesnt.
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What is the definition of false under the Fraud Act 2006?
It is untrue or misleading AND The person making it knows that it is or might be untrue or misleading.
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What type of crime is Fraud?
Conduct Crime
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What document explains the definiton for misleading?
Government Response to Consultation
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What is the definition for misleading?
"Less than wholly true and capable of interpreting to the detriment of the victim".
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What is the mens rea of fraud by false representation?
Dishonesty, Knowing the representation is or might be untrue or misleading, with intent to make a gain for himself or another.
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What is the three parts to dishonesty?
Right to deprive, belief in owners consent, belief the owner cannot be found.
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Name the case for making a gain or loss?
Kapitene
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Name the case for false representation?
Barnard or Lambie
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Other cards in this set
Card 2
Front
What type of offence is fraud by false representation?
Back
Either- way Offence
Card 3
Front
Define Fraud by false representation?
Back
Card 4
Front
What is the actus reus for Fraud by false representation?
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