C.A S.240 & 246 Deception

Question 1

Section 240: Obtaining by deception or causing loss by deception.

Answer 1

(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right, -
(a) Obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly; or
(b) in incurring any debt or liability, obtained credit; or
(c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage; or
(d) causes loss to any other person.

(1A) every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document or thing capable of being used to derive a pecuniary advantage knowing that, by deception and without claim of right, the document or thing was, or was caused to be, delivered, executed, made, accepted, endorsed, or altered.

Question 2

Section 240: DECEPTION definition is…

Answer 2

In this section deception means:

(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -

(i) knows that it is false in a material particular or;
(ii) is reckless as to whether it is false in a material particular; or

(b) an omission to disclose a material particular; with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 3

C.A SECTION 240(1)(a) and 241(b)

OBTAIN BY DECEPTION

Answer 3

OBTAINED
-
OWNERSHIP OF/POSSESSION OF/ CONTROL OVER
-
PROPERTY/A PRIVILEGE/A SERVICE/ A PECUNIARY ADVANTAGE/ A BENEFIT/ A VALUABLE CONSIDERATION

Question 4

C.A SECTION 240(1)(d) and 241(b)

CAUSE LOSS BY DECEPTION

Answer 4

TO
-