CA61 240(1)(d) Causes Loss By Deception

Question 1

CA61 240(1)(d)

Answer 1

Causes Loss By Deception

By any deception
Without claim of right
Causes loss
To any person

Question 2

‘Loss’ means…
What doesn’t it mean?

Answer 2

A direct Loss, typically a financial detriment.

An indirect loss does not qualify.

Question 3

Does the Loss need to be a direct result of the deception?

Answer 3

Yes. It needs to have played a material part.

Question 4

How can the level of involvement the deception played in the loss be assessed?

Answer 4

The extent to which the complainants position prior to the deception had been diminished or impaired. (Morley).

Question 5

Does the person suffering the loss also need to be the person deceived?

Answer 5

No.

Question 6

‘Person’ means

Answer 6

Either an individual or an organization

Question 7

In respect to ‘Loss’:
(A) What 2 things must be proved?
(B) What doesn’t need to be proved

Answer 7

A:
(1) Loss caused by deception.
(2) Reasonably foreseeable that more than trivial loss would occur.

B:
(3) Need not prove the loss was intentionally caused.