fraud Flashcards
what does the Fraud Act state as the methods by which fraud can be committed?
making a false representation, failing to disclose info, abuse of position
what is fraud by false representation s(2)
person is guilty if he dishonestly makes a false representation AND intends comment by making the presentation to make gain for himself or another OR to cause loss to another/expose another to a risk of loss
what is the AR and MR of fraud by false representation
AR- making a false representation (conduct) which is false (circumstance)
MR- to be dishonest, intent to make game for themselves or another or to cause loss to another/exposed to risk of loss
it can be overt (pretending to be someone to burgle) or where nothing is said but behaviour creates a false impression (e.g. stolen credit card)
what does s2(2) class as false representation?
it is untrue/misleading (anything less than wholly true) AND the person making it knows that it is or might be untrue/misleading
what does s2(3) say is a representation?
any representation as to fact or law including representation as to the state of mind of the person making it or any other person
what does s2(4) say about representation?
it can be express or implied- usually representation will be of fact but can be law or state of mind e.g. says they will do an act in thefuture or than at event will occur in the future
what are Explanatory Notes to the Bill?
confirm that representation can be stated in words or communicated by conduct- can be in writing, spoken or posted on a website
when is the offence committed?
as soon as false representation is made and D has MR- no need for a consequence to follow
what is fraud by failing to disclose info?
s3 TA- D is guilty if they dishonestly failed to disclose to another person information which they are under legal duty to disclose AND intend, by failing to disclose the info, to make a gain for themselves/or another or cause loss to another/expose risk of loss
what does explanatory notes of the bill state?
can be oral or written contracts e.g. statute, the fact transaction is one of utmost good faith e.g. insurance, express or implied terms of contract etc
what is fraud by abuse of position?
person is in beach of their position if they:
occupy a position in which they are expected to safeguard or not act against the financial interested of another person, dishonesty abuse that position AND intend to make a gain for themselves/another or to cause loss to other/risk of loss
what needs to present for fraud by abusing power?
a position of financial interest between defendant and victim where D is expected to safeguard or not act against financial interests of another, could be trustee/beneficiary, director/company, professional/client etc
how can abuse be committed?
positive act or omission
