Fraud - Statutes

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  • Created by: Edward
  • Created on: 23-02-16 09:50
s 2 of FA 2006
fraud by false representation
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s 3 of FA 2006
fraud by failing to comply with a legal duty to disclose information
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s 4 of FA 2006
fraud by abuse of position
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s 2(2)(a) FA 2006
a statement is false if it is untrue or misleading
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s 2(3) FA 2006
a representation can be made about a person’s state of mind, fact or law
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s 2(4) FA 2006
a representation can be implied, express, made by words or conduct, writing or oral
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s 2(5) FA 2006
a rep is made if it is submitted in any form to any system or device designed to receive, convey or respond to communications (with/without human interaction)
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s 2(2)(b) FA 2006
The def must know that the representation is or might be untrue or misleading
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s 2(1)(b) FA 2006
The def must intend to make a gain for herself or another or cause loss to another or to expose another to a risk of loss
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s 5(3) FA 2006
Gain includes a gain by keeping what one has, as well as a gain by getting what one does not have
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s 5(4) FA 2006
Loss includes a loss by not getting what one might get, as well as a loss by parting with what one has
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s 3(a) FA 2006
Dishonestly fails to disclose to another person information which he is under a legal duty to disclose
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s 3(b) FA 2006
The def must intend to make a gain for herself or another or cause loss to another or to expose another to a risk of loss
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s 4(1)(a) FA 2006
Occupying a position in which the def is expected to safeguard, or not to act against, the financial interests of another
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s 4(1)(b) FA 2006
Abuse of that position
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s 4(1)(c) FA 2006
The def must intend to make a gain for herself or another or cause loss to another or to expose another to a risk of loss
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Other cards in this set

Card 2

Front

fraud by failing to comply with a legal duty to disclose information

Back

s 3 of FA 2006

Card 3

Front

fraud by abuse of position

Back

Preview of the back of card 3

Card 4

Front

a statement is false if it is untrue or misleading

Back

Preview of the back of card 4

Card 5

Front

a representation can be made about a person’s state of mind, fact or law

Back

Preview of the back of card 5
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