Section 2 Fraud Act 2006

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  • Created by: qwerty123
  • Created on: 18-03-16 18:39
What is the definition of S.2 Fraud by False Representation
This is where the defendant dishonestly makes a false representation and knowing that it is false and intends to gain for himself/another or cause loss to another.
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What does false mean?
Untrue or misleading
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What can a representation include?
a fact or a law or a state of mind
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How can a representation be made?
Expressed by words or implied by conduct
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What does S.2(2) say?
That false means untrue/misleading and the defendant knows that it is untrue/misleading or that it might be.
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What does S.2(3) say?
That a representation includes a fact/law/state of mind.
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What does S.2(4) say?
That a representation can be expressed via words or implied via conduct.
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What does S.2(5) say?
That you can make a false representation to a machine.
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What does S.2 1 (a) say?
That the representation must be made dishonestly. GHOSH test.
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What does S.2 1 (b) say?
That the defendant must make the representation with a view to gain for himself/another or expose another to loss.
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What does gain/loss refer to?
Money and all other property
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Other cards in this set

Card 2

Front

What does false mean?

Back

Untrue or misleading

Card 3

Front

What can a representation include?

Back

Preview of the front of card 3

Card 4

Front

How can a representation be made?

Back

Preview of the front of card 4

Card 5

Front

What does S.2(2) say?

Back

Preview of the front of card 5
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