Fraud Flashcards

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0
Q

False

A

S2(2) false can be untrue or misleading

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1
Q

Where is fraud by false rep found?

A

The fraud act 2006 and defined as dishonestly making a representation that one knows to be false with the intention of making a gain to himself or another and/or a loss to another

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2
Q

Representation

A

S2(3) states that the representation can be of
Fact
Law
Or state of mind

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3
Q

How can the rep be made

A
Express or implied as in s2(4)
Conduct Barnard resturant
Words quote Silverman
Omission rai failed to inform council
Clothing Barnard oxford student
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4
Q

To whom

A

S2(5) states that it can be made to a device or a machine as in lambie

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5
Q

Dishonesty

A

R v ghosh

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6
Q

Intention to make a gain or cause a loss

A

S5
Gain in getting what one does not have or keeping what or had
Loss in losing what another once had

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7
Q

Obtaining services dishonestly

A

Found under the fraud act 2006 under s11

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8
Q

Obtain service

A

By an act

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9
Q

Services

A

Not defined give an example

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10
Q

Avoiding payment wholly or partially

A

Proof of this

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11
Q

Knowledge that the service is made available on the basis of payment

A

Lay man

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12
Q

Dishonesty

A

R v ghosh

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13
Q

Intention to avoid payment wholly or partially

A

Lay man

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14
Q

What section of fraud act defines loss and gain?

A
S5
Gain in getting what one hasn't
Gain in keeping what one has
Loss in losing what one wanted
Loss in parting what one has
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