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Law Unit 3 Property Offences Activity 2 > Fraud > Flashcards

Fraud Flashcards

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1
Q

Where is fraud defined in UK law?

A

Fraud is defined in the Fraud Act 2006.

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2
Q

What is fraud under the Fraud Act 2006?

A

Fraud is an offense involving deceit to gain a benefit or cause loss, covering activities such as false representation, failure to disclose information, and abuse of position.

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3
Q

What section of the Fraud Act 2006 covers fraud by false representation?

A

Section 2 of the Fraud Act 2006 covers fraud by false representation.

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4
Q

What is meant by “fraud by false representation”?

A

It refers to making a false statement with the intent to gain or cause loss to another, knowing it to be untrue or misleading.

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5
Q

When is a person in breach of Section 2 of the Fraud Act?

A

A person breaches Section 2 if they make a false representation intending to gain or cause loss.

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6
Q

What constitutes a false representation?

A

A representation is false if it is untrue or misleading and the defendant knows this.

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7
Q

What is the significance of Idress v DPP (2011) in fraud cases?

A

This case illustrated that pretending to be someone else (e.g., in a driving test) can amount to fraud by false representation.

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8
Q

What is the actus reus of fraud by false representation?

A

The actus reus is making a false representation, either expressly or impliedly, that is intended to deceive.

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9
Q

How did R v Mrs Patel contribute to understanding false representation?

A

It highlighted that providing misleading information in a financial context can constitute false representation.

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10
Q

Can a false representation be made through writing?

A

Yes, as seen in R v Adams (1993), false representations can be made in written forms like applications or contracts.

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11
Q

What is an express representation in fraud?

A

An express representation is a clear, direct statement that is false or misleading.

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12
Q

What are examples of implied representations?

A

Implied representations can include presenting a fake ID or using someone else’s credentials, implying authorization or identity.

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13
Q

What case illustrates conduct contributing to making a false representation?

A

R v Lamble demonstrated that actions, not just words, can mislead and qualify as false representation.

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14
Q

How is “false representation through conduct” established in fraud?

A

If actions are intentionally misleading, they can amount to false representation, even without explicit statements.

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15
Q

What is the significance of implied representations in fraud cases?

A

Implied representations can lead to fraud charges if they mislead others about identity, authority, or other material facts.

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16
Q

What role does intent play in determining false representation?

A

Intent is crucial, as the defendant must aim to deceive or mislead to gain or cause loss.

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17
Q

How does the law differentiate between express and implied representations?

A

Express representations are direct statements, while implied representations involve behavior or circumstances that lead others to believe something untrue.

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18
Q

Can silence or omission be considered false representation?

A

Generally, omission is not enough for false representation, but failing to disclose relevant information can lead to fraud under other sections.

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19
Q

What case law applies to false representation in written form?

A

R v Adams (1993) applies, as it involved false information provided in a document.

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20
Q

Is presenting a fake ID considered an express or implied representation?

A

It is considered an implied representation, as it implies the person has the identity shown on the ID.

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21
Q

What is the actus reus in fraud by false representation?

A

The actus reus is the act of making a false or misleading representation.

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22
Q

Can a statement that is partially true be considered false representation?

A

Yes, if it is misleading and intended to deceive.

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23
Q

Does the actus reus require that someone is actually deceived?

A

No, the actus reus is complete with the false representation, regardless of whether someone is deceived.

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24
Q

What was the key point in Idress v DPP (2011) regarding the actus reus of fraud?

A

The case demonstrated that pretending to be another person to take an exam for them can constitute the actus reus of fraud.

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25
Q

How can written statements fulfill the actus reus requirement for fraud?

A

Written statements can be a form of false representation if they contain knowingly false information intended to deceive.

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26
Q

Does the representation have to be directly communicated to the victim?

A

No, as long as it is intended to be misleading, it qualifies as the actus reus of fraud.

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27
Q

What is the significance of R v Mrs Patel in understanding actus reus?

A

It highlighted that false financial information given to gain a benefit satisfies the actus reus of fraud.

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28
Q

Can silence amount to actus reus in fraud cases?

A

Generally, silence is not actus reus for false representation but may be under other forms of fraud, such as failing to disclose.

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29
Q

What does the case R v Adams (1993) show about false representation?

A

It shows that written statements containing false information are sufficient for false representation.

30
Q

How does the use of social media relate to actus reus in fraud?

A

Misleading representations on social media platforms can fulfill the actus reus if they intend to deceive for gain or cause loss.

31
Q

What are the three criteria for establishing mens rea in fraud by false representation?

A

The criteria are dishonesty, intent to gain or cause loss, and knowledge of the representation’s falsity.

32
Q

What is required to establish dishonesty in fraud?

A

The defendant must know that their actions would be seen as dishonest by ordinary standards.

33
Q

How does intention relate to the mens rea of fraud?

A

The defendant must have intent to gain or cause loss through their false representation.

34
Q

What does the defendant need to know about the false representation?

A

They must know that the representation is untrue or misleading.

35
Q

Can a person accidentally make a false representation and still commit fraud?

A

No, fraud requires knowledge that the representation is false or misleading.

36
Q

How does dishonesty impact fraud charges?

A

Dishonesty is essential; without it, even a false representation does not amount to fraud.

37
Q

What standard is used to assess dishonesty in fraud cases?

A

The Ivey v Genting Casinos test, which looks at whether the defendant’s conduct was dishonest by objective standards.

38
Q

Explain the requirement of intention to gain or cause loss in fraud.

A

The defendant must intend to secure a personal gain or cause financial loss to another.

39
Q

What happens if a defendant was unaware their representation was false?

A

They cannot be guilty of fraud by false representation if they did not know the representation was untrue.

40
Q

How does the case Wai Yu-Tsang v R (1991) relate to dishonesty in fraud?

A

It emphasizes the importance of establishing dishonest intent in fraud cases.

41
Q

How did Idress v DPP (2011) illustrate the concept of impersonation in fraud?

A

It showed that impersonating someone to take an exam is fraud by false representation.

42
Q

What was the significance of R v Lamble for fraud through actions?

A

It demonstrated that actions alone, without words, could mislead and qualify as false representation.

43
Q

How does R v Adams (1993) relate to written false statements in fraud?

A

It showed that written false representations can be part of fraud.

44
Q

What is an example of implied representation on social media?

A

Using a fake profile or making misleading posts about qualifications or products to deceive others.

45
Q

What does R v Mrs Patel teach about false financial representations?

A

It shows that submitting false financial information for gain constitutes fraud.

46
Q

Why is Wai Yu-Tsang v R significant in fraud law?

A

It illustrates the necessity of dishonest intent for fraud.

47
Q

What is required for a statement to be considered a representation in fraud?

A

It must communicate information to another that is either expressly or impliedly false.

48
Q

Can exaggerated claims amount to fraud?

A

Yes, if they are materially misleading and intended to deceive.

49
Q

What type of conduct can qualify as implied representation?

A

Actions like using someone else’s credit card imply permission, which can be false.

50
Q

How do courts determine if a representation is “false”?

A

By assessing whether it is untrue or misleading and if the defendant knew this at the time.

51
Q

How can social media be used to commit fraud?

A

Fraud can be committed on social media by creating fake profiles, misrepresenting qualifications or products, or soliciting funds under false pretenses.

52
Q

What is an example of fraud involving fake social media accounts?

A

Creating a fake account pretending to be a well-known person or company to solicit money or personal information from followers.

53
Q

How does the use of misleading advertisements on social media relate to fraud?

A

Misleading advertisements that exaggerate product benefits to secure sales can constitute fraud if they are knowingly false.

54
Q

Can posting fake reviews on social media be considered fraud?

A

Yes, if the reviews are intended to deceive consumers into buying a product based on false claims.

55
Q

How does impersonation on social media lead to fraud charges?

A

Impersonating another person to deceive others and gain benefits, such as financial rewards, is fraud by false representation.

56
Q

How can crowdfunding campaigns be a potential source of fraud?

A

Fraud occurs if the campaign organizer makes false claims about the purpose or need for funds to gain money from donors.

57
Q

What role does intention play in determining fraud on social media?

A

Intention to deceive or gain unfairly is essential; without it, misleading claims may not qualify as fraud.

58
Q

What happens if someone unknowingly shares false information on social media?

A

Unknowingly sharing false information generally does not constitute fraud, as there is no dishonest intent.

59
Q

How can influencers potentially commit fraud on social media?

A

Influencers can commit fraud by promoting products they know are ineffective or falsely claiming results to influence followers’ purchases.

60
Q

How does social media fraud impact consumer protection?

A

It undermines consumer trust and can lead to financial losses, which is why laws are increasingly targeting deceptive practices online.

61
Q

What is an example of fraud in academic settings?

A

Claiming false academic qualifications to gain admission or a scholarship can be fraud by false representation.

62
Q

How does fraud apply to mortgage applications?

A

Providing false income or employment information to secure a mortgage loan constitutes fraud.

63
Q

What constitutes fraud in loan applications?

A

Submitting false information about financial status or using fake documents to obtain a loan.

64
Q

How can dating scams be considered fraud?

A

If one party misrepresents their identity or intentions to gain money or gifts from the other, it’s fraud by false representation.

65
Q

How does fraud apply to fake investment schemes?

A

Promoting fake investment opportunities to collect funds from others with no intention of investing is fraud.

66
Q

What is the role of misrepresentation in retail fraud?

A

Misrepresenting the quality, origin, or functionality of a product to deceive buyers is retail fraud.

67
Q

How does ‘pyramid schemes’ relate to fraud?

A

Pyramid schemes often involve false promises of high returns and misrepresentation of investment security, constituting fraud.

68
Q

What is an example of fraud in property sales?

A

Selling property by misrepresenting its value, location, or features to increase the sale price is fraud.

69
Q

Can failure to disclose relevant information be considered fraud?

A

Yes, under other sections of the Fraud Act, failing to disclose material information with intent to deceive can be fraud.

70
Q

How does R v Jeff and Bassett (1966) relate to implied representations in fraud?

A

The case illustrated how implied representations through actions can mislead others and lead to fraud charges.

Law Unit 3 Property Offences Activity 2 (5 decks)

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