Fraud Flashcards
What is the AR for fraud by false representation?
D makes a false representation.
The false representation can be one of fact/law, or a representation about D or someone else’s state of mind.
To be a false representation, it must be:
-untrue or misleading; and
-D must know or believe that it is untrue or misleading.
A representation can be express/implied and can be via words/conduct - conduct would be using a false/fake credit card.
A representation can also be by omission e.g. failing to disclose something on a form.
What is the AR for fraud by false representation?
D makes a false representation.
The false representation can be one of fact/law, or a representation about D or someone else’s state of mind.
To be a false representation, it must be:
-untrue or misleading; and
-D must know or believe that it is untrue or misleading.
A representation can be express/implied and can be via words/conduct - conduct would be using a false/fake credit card.
A representation can also be by omission e.g. failing to disclose something on a form.
What is the MR for fraud by false representation?
D knows the representation is false/misleading, makes the representation dishonestly, and has intention to make a gain or cause a loss to another by the false representation.
What is the AR of fraud by failure to disclose?
D fails to disclose information to another person D is under a legal duty to disclose to.
What is the MR of fraud by failure to disclose?
Dishonesty and intention to make a gain or cause a loss to another by failing to disclose the information. Link.
What is the AR of fraud by abuse of position?
D must occupy a position in which he is expected to safeguard the financial interests of another and must abuse that position.
What is the MR of fraud by abuse of position?
Dishonesty and intention to make a gain or cause a loss to another.
