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Law Unit 3 Property Offences Activity 2 > Fraud > Flashcards

Fraud Flashcards

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
How can written statements fulfill the actus reus requirement for fraud?
Written statements can be a form of false representation if they contain knowingly false information intended to deceive.
26
Does the representation have to be directly communicated to the victim?
No, as long as it is intended to be misleading, it qualifies as the actus reus of fraud.
27
What is the significance of R v Mrs Patel in understanding actus reus?
It highlighted that false financial information given to gain a benefit satisfies the actus reus of fraud.
28
Can silence amount to actus reus in fraud cases?
Generally, silence is not actus reus for false representation but may be under other forms of fraud, such as failing to disclose.
29
What does the case R v Adams (1993) show about false representation?
It shows that written statements containing false information are sufficient for false representation.
30
How does the use of social media relate to actus reus in fraud?
Misleading representations on social media platforms can fulfill the actus reus if they intend to deceive for gain or cause loss.
31
What are the three criteria for establishing mens rea in fraud by false representation?
The criteria are dishonesty, intent to gain or cause loss, and knowledge of the representation’s falsity.
32
What is required to establish dishonesty in fraud?
The defendant must know that their actions would be seen as dishonest by ordinary standards.
33
How does intention relate to the mens rea of fraud?
The defendant must have intent to gain or cause loss through their false representation.
34
What does the defendant need to know about the false representation?
They must know that the representation is untrue or misleading.
35
Can a person accidentally make a false representation and still commit fraud?
No, fraud requires knowledge that the representation is false or misleading.
36
How does dishonesty impact fraud charges?
Dishonesty is essential; without it, even a false representation does not amount to fraud.
37
What standard is used to assess dishonesty in fraud cases?
The Ivey v Genting Casinos test, which looks at whether the defendant’s conduct was dishonest by objective standards.
38
Explain the requirement of intention to gain or cause loss in fraud.
The defendant must intend to secure a personal gain or cause financial loss to another.
39
What happens if a defendant was unaware their representation was false?
They cannot be guilty of fraud by false representation if they did not know the representation was untrue.
40
How does the case Wai Yu-Tsang v R (1991) relate to dishonesty in fraud?
It emphasizes the importance of establishing dishonest intent in fraud cases.
41
How did Idress v DPP (2011) illustrate the concept of impersonation in fraud?
It showed that impersonating someone to take an exam is fraud by false representation.
42
What was the significance of R v Lamble for fraud through actions?
It demonstrated that actions alone, without words, could mislead and qualify as false representation.
43
How does R v Adams (1993) relate to written false statements in fraud?
It showed that written false representations can be part of fraud.
44
What is an example of implied representation on social media?
Using a fake profile or making misleading posts about qualifications or products to deceive others.
45
What does R v Mrs Patel teach about false financial representations?
It shows that submitting false financial information for gain constitutes fraud.
46
Why is Wai Yu-Tsang v R significant in fraud law?
It illustrates the necessity of dishonest intent for fraud.
47
What is required for a statement to be considered a representation in fraud?
It must communicate information to another that is either expressly or impliedly false.
48
Can exaggerated claims amount to fraud?
Yes, if they are materially misleading and intended to deceive.
49
What type of conduct can qualify as implied representation?
Actions like using someone else’s credit card imply permission, which can be false.
50
How do courts determine if a representation is “false”?
By assessing whether it is untrue or misleading and if the defendant knew this at the time.
51
How can social media be used to commit fraud?
Fraud can be committed on social media by creating fake profiles, misrepresenting qualifications or products, or soliciting funds under false pretenses.
52
What is an example of fraud involving fake social media accounts?
Creating a fake account pretending to be a well-known person or company to solicit money or personal information from followers.
53
How does the use of misleading advertisements on social media relate to fraud?
Misleading advertisements that exaggerate product benefits to secure sales can constitute fraud if they are knowingly false.
54
Can posting fake reviews on social media be considered fraud?
Yes, if the reviews are intended to deceive consumers into buying a product based on false claims.
55
How does impersonation on social media lead to fraud charges?
Impersonating another person to deceive others and gain benefits, such as financial rewards, is fraud by false representation.
56
How can crowdfunding campaigns be a potential source of fraud?
Fraud occurs if the campaign organizer makes false claims about the purpose or need for funds to gain money from donors.
57
What role does intention play in determining fraud on social media?
Intention to deceive or gain unfairly is essential; without it, misleading claims may not qualify as fraud.
58
What happens if someone unknowingly shares false information on social media?
Unknowingly sharing false information generally does not constitute fraud, as there is no dishonest intent.
59
How can influencers potentially commit fraud on social media?
Influencers can commit fraud by promoting products they know are ineffective or falsely claiming results to influence followers’ purchases.
60
How does social media fraud impact consumer protection?
It undermines consumer trust and can lead to financial losses, which is why laws are increasingly targeting deceptive practices online.
61
What is an example of fraud in academic settings?
Claiming false academic qualifications to gain admission or a scholarship can be fraud by false representation.
62
How does fraud apply to mortgage applications?
Providing false income or employment information to secure a mortgage loan constitutes fraud.
63
What constitutes fraud in loan applications?
Submitting false information about financial status or using fake documents to obtain a loan.
64
How can dating scams be considered fraud?
If one party misrepresents their identity or intentions to gain money or gifts from the other, it’s fraud by false representation.
65
How does fraud apply to fake investment schemes?
Promoting fake investment opportunities to collect funds from others with no intention of investing is fraud.
66
What is the role of misrepresentation in retail fraud?
Misrepresenting the quality, origin, or functionality of a product to deceive buyers is retail fraud.
67
How does 'pyramid schemes' relate to fraud?
Pyramid schemes often involve false promises of high returns and misrepresentation of investment security, constituting fraud.
68
What is an example of fraud in property sales?
Selling property by misrepresenting its value, location, or features to increase the sale price is fraud.
69
Can failure to disclose relevant information be considered fraud?
Yes, under other sections of the Fraud Act, failing to disclose material information with intent to deceive can be fraud.
70
How does R v Jeff and Bassett (1966) relate to implied representations in fraud?
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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