12 Fraud Flashcards
1
Q
What are the 4 requirements for fraud by false representation?
A
- The defendant made a false representation
- The defendant knew the statement was untrue or misleading
- The statement was made with the intention to make a gain or cause a loss
- There was dishonesty - under the Ghosh 182 test
2
Q
What are the 2 requirements for fraud by failing to disclose information?
A
- The defendant dishonestly failed to disclose information which he is under a legal duty to disclose
- The defendant intended to make a gain for himself or another or cause loss or risk of loss
3
Q
What are the 3 requirements for fraud by abuse of position?
A
- The defendant occupied a position in which he is expected to protect the interests of another
- He dishonestly abused that position
- He intends to make a gain for himself or another or cause loss or expose another to risk of loss
4
Q
What are the 3 ways in which fraud can be committed?
A
- Fraud by false representation
- Fraud by failing to disclose information
- Fraud by abuse of position