Fraud

Question 1

What are the 3 types of fraud?

Answer 1

Fraud by:
- false representation
- failing to disclose information
- abuse of position

Question 2

When is the offence of fraud by false representation committed?

Answer 2

As soon as the representation is made

Question 3

When is a representation false?

Answer 3

If it’s untrue or misleading, or D knows/knows it might be untrue/misleading

Question 4

When is a representation misleading?

Answer 4

If it’s less than wholly true, and capable of interpretation to the detriment of the victim

Question 5

Definition of fraud by false representation

Answer 5

If D dishonestly makes a false representation and intends by this to make a fain for himself/another, or cause a loss to another, or expose another to the risk of loss

Question 6

Definition of fraud by failing to disclose information

Answer 6

If D dishonestly fails to disclose information which he’s under a legal duty to disclose, and intends by it to make a gain or cause a loss to another/expose another to the risk of loss

Question 7

Which 2 MR elements are needed for all 3 types of fraud?

Answer 7

• dishonesty
• intention to make a gain, or cause a loss to another/expose another to a risk of loss

Question 8

Definition of fraud by abuse of position

Answer 8

If D occupies a position in which he’s expected to safeguard, or not act against, another’s financial interests, dishonestly abuses that position, and intends by it to make a gain/cause a loss