Fraud

Question 1

In what three ways can fraud be committed?

Answer 1

(1) By making a false representation;

(2) by failing to disclose information; and

(3) by abusing a position

Question 2

How is fraud by false representation committed?

Answer 2

Dishonestly make a false representation and intend to make a gain for themselves or another, or cause a loss/expose another to a loss.

No need for anyone to be deceived, must only prove that a false representation was actually made.

Question 3

What is a representation?

Answer 3

May relate to fact, law, state of mind; and could be

express or implied.

E.g. by being in a restaurant, there is an implied fact that I can afford the bill.

By using my friends card, it is implied that it is my card.

Question 4

When is a representation false? (Mens Rea)

Answer 4

If:

(a) it is untrue or misleading; and

(b) the person making it knows that it is, or may be, untrue or misleading.