Law 04 Revision - Fraud

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Where is the offence of fraud contained?
S2 of the Fraud Act 2006
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What is the first element of fraud?
Representation
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What does s2(3) of the Fraud Act 2006 say?
Representation means any representation as to fact, law or state of mind of the person making the representation or any other person.
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What does s2(4) of the Fraud Act 2006 say?
A representation may be express or implied.
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What was held in the case of Lambie?
In this case the defendant made an implied representation.
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What was held in the case of Hamilton?
The defendant made an express representation of fact.
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What does s2(5) of the Fraud Act 2006 say?
A representation can be made to a machine.
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What is the second element of the offence of fraud?
False
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What does s2(2) of the Fraud Act 2006?
A representation is false if it is untrue or misleading.
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What was held in the case of Rai (2000)?
The defendant’s representation was false and even though it was true at first it became false when he failed to inform the council of his change in circumstances.
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What is the third element of the offence of fraud?
Dishonesty
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What is the Ghosh test?
1. Would the defendant’s behaviour be regarded as dishonest by the standards of a reasonable and honest person? 2. Was the defendant aware that this conduct would be regarded as dishonest by a reasonable and honest person?
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What is the fourth element of the offence of fraud?
Know or believe that the representation may be untrue or misleading.
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What is the fifth element of the offence of fraud?
Intention to make a gain for himself or another, or cause a loss, or expose another to a risk of loss
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What does s5 of the Fraud Act 2006 say?
Gain and loss extends only to gain and loss in money or other property.
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What does s5(3) of the Fraud Act 2006 say?
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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What does s5(4) of the Fraud Act 2006 say?
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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Other cards in this set

Card 2

Front

What is the first element of fraud?

Back

Representation

Card 3

Front

What does s2(3) of the Fraud Act 2006 say?

Back

Preview of the front of card 3

Card 4

Front

What does s2(4) of the Fraud Act 2006 say?

Back

Preview of the front of card 4

Card 5

Front

What was held in the case of Lambie?

Back

Preview of the front of card 5
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