12 Fraud Flashcards

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1
Q

What are the 4 requirements for fraud by false representation?

A
  1. The defendant made a false representation
  2. The defendant knew the statement was untrue or misleading
  3. The statement was made with the intention to make a gain or cause a loss
  4. There was dishonesty - under the Ghosh 182 test
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2
Q

What are the 2 requirements for fraud by failing to disclose information?

A
  1. The defendant dishonestly failed to disclose information which he is under a legal duty to disclose
  2. The defendant intended to make a gain for himself or another or cause loss or risk of loss
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3
Q

What are the 3 requirements for fraud by abuse of position?

A
  1. The defendant occupied a position in which he is expected to protect the interests of another
  2. He dishonestly abused that position
  3. He intends to make a gain for himself or another or cause loss or expose another to risk of loss
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4
Q

What are the 3 ways in which fraud can be committed?

A
  1. Fraud by false representation
  2. Fraud by failing to disclose information
  3. Fraud by abuse of position
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