1. In the Gosh test, the first part is subjective and the second part is objective
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2. Express representations can be made in many ways, such as a text, spoken, written, through a phone call or a radio or posted on a website.
3. The two tests set out in Gosh are: (1) would the defendant's behaviour be regarded as dishonest by the standards or reasonable and honest people and...
- (2) If yes was the defendant aware that his conduct would be be regarded as dishonest by reasonable and honest people
- (2) If yes, was the defendant aware that his conduct would be regarded as dishonest by the standards of judges
- (2) If yes, was the defendant aware that his conduct would be regarded as dishonest by the standards of reasonable and honest juries
4. Lambie, Gilmartin, Barnard, Metropolitan Police Comissioner v Charles and DPP v Ray are all cases illustrating an implied representation
5. Under the old law, several examples of implied representations were identified: (1) ordering and eating a meal in a restaurant (2) paying by cheque (3) the use of a cheque guarantee card