Fraud

Question 1

What is fraud by false representation?

Answer 1

A false representation that is dishonesty made with intention to make a gain or cause a loss.

ALL 3 fraud triable EITHER WAY

Question 2

Actus reus of fraud by false representation?

Answer 2

A false representation - can be express or implied, through defendants conduct. In such circumstances of mutual trust - overcharging can be. Includes deceiving a machine, like using someone else’s card.

Question 3

Mens rea of Fraud by false representation?

Answer 3

Dishonesty - Ivey genting test
Must be aware statement is false
Intention to make a gain or cause a loss

Question 4

What is fraud by failure to disclose?

Answer 4

fails to disclose to another person information which he is under a legal duty to disclose?

Question 5

Actus reus of fraud by failure to disclose?

Answer 5

Existence of a legal duty - could be from statute, a contract, fiduciary relationship, arising from a custom in a particular trade
Failure to disclose

Question 6

Mens rea of fraud by failure to disclose?

Answer 6

Dishonesty
Intention to make a gain or loss

Question 7

What is fraud by abuse of position?

Answer 7

Occupies a position in which he is expected to safeguard or not to act against the financial interests of another person and dishonestly abuses that position.

Question 8

Actus reus of fraud by an abuse of position?

Answer 8

If he occupies a position in which he is expected to safeguard or not to act against the financial interests of another person

Question 9

Actus reus of fraud by an abuse of position?

Answer 9

Occupies a position like a trustee or beneficiary
Abuses that position - could be through omission

Question 10

Mens rea of fraud by an abuse of position?

Answer 10

Dishonesty
Intention to make a gain or loss