fraud

Question 1

what are the types of fraud?

Answer 1

fraud by false representation
fraud by failing to disclose information
fraud by abuse of position

Question 2

actus reus - false representation

when is a representation false?

Answer 2

if it is untrue or misleading - s2(2)

Question 3

what are the requirements in terms of making a representation?

Answer 3

may be express or implied
any representation as to fact or law
prosecution has to prove a false representation is made

Question 4

what are the mens rea elements of fraud by false representation?

Answer 4

dishonesty, intention to make a gain or to cause a loss or exposure and knowledge that the representation is or might be false

Question 5

what are the elements of fraud by failing to disclose information?

Answer 5

D dishonestly fails to disclose to another person information which he is under legal duty to disclose and intends to either make a gain for himself or another or cause loss to another or expose another to a risk of loss

Question 6

when does a legal duty exist to disclose information?

Answer 6

a question of law

includes duties under oral and written contracts

Question 7

what are the actus reus elements of fraud by abuse of position?

Answer 7

defendant occupies a position in which they are expected to safeguard, or not to act against, the financial interests of another person and abuses this position

Question 8

what are the mens rea elements of fraud by abuse of position?

Answer 8

defendant must be dishonest and intend to make a gain to himself or another or intend to cause loss to another or expose another to a risk of loss