Fraud

Question 1

What are the 5 elements required for someone to be guilty of fraud by false representation?

Answer 1

S1 and s2 fraud act 2006. The 5 elements are:-
- d must make a representation (express or implied)
- that representation must be false
- d must know representation is or might be false
- d must be dishonest in making his representation
- d must have the intention to make a gain or cause a loss as a result of the false representation (gain need not be financial and need not be realised)

Question 2

What 4 elements are required for a person to be guilty of fraud by failing to disclose information?

Answer 2

S1 and S3 fraud act 2006
- d must fail to disclose information
- d must be under a legal duty to disclose information
- d must be dishonest in failing to disclose information
- d must have intention to make a gain or cause a loss as a result of his failure to disclose info

Question 3

What 5 elements are required for a person to be guilty of fraud by abuse of position?

Answer 3

S1 and S4 fraud act 2006
- d must occupy a position
- that position must be one where d is expected to safeguard or not act against the financial interests of another
- d must abuse his position
- d must be dishonest in abusing his position
- d must have the intention to make a gain or cause a loss as a result of his abuse of position