7. Fraud

Question 1

Three types of Fraud in Fraud Act 2006

Answer 1

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

Question 2

Fraud by False representation: AR

Answer 2

1. D makes a false representation
   - untrue or misleading
   - representation can be of fact, law or as to the state of mind as a person
   - express or implied
   - by words, written, oral, conduct
   - irrelevant whether any gain is made / anyone believes it

Question 3

Fraud by False representation: MR

Answer 3

1. Knowledge that representation is or may be false
2. Dishonesty
3. Intention to make a gain for self or another or to cause loss to another or expose another to a risk of loss

Question 4

Fraud by failing to disclose information: AR

Answer 4

1. Failing to disclose information to another when under a LEGAL duty to do so

Question 5

Fraud by failing to disclose information: MR

Answer 5

1. Dishonesty
2. Intention to make a gain for self or another or to cause loss to another or expose another to a risk of loss

Question 6

Intention to make a gain for self or another or to cause loss to another or expose another to a risk of loss - what is this ‘gain’?

Answer 6

Must:
- be a gain of money or property
- keeping something of yours

Question 7

Intention to make a gain for self or another or to cause loss to another or expose another to a risk of loss - what is this ‘loss’?

Answer 7

Person would not get what they would otherwise expect

Question 8

Fraud by abuse of position: AR

Answer 8

1. Occupation of position where D is expected to safeguard/ not act against financial interests of another and
2. abuse of position by act or omission

Question 9

Fraud by abuse of position: MR

Answer 9

1. Dishonesty and
   2.