Fraud Flashcards
Patel (Rupal) 2006
Application - never convicted - lie
Conditional discharge not conviction
Jeevarajah 2012
False Representation - lottery ticket
Fraud not successful - could still be convicted even if no gain
Gilbert 2012
False representation Lloyds - open account
Need causative link between misrepresentation and gain/loss
UAE v Allen 2012
Cheque - security - representation of viability in case of default?
A representation had to be capable of being expressed as a statement of the past or present; a statement as to the future might take effect as a contractual promise
The Fraud Act 2006
2: dishonest + false representation + gain/ loss
3: dishonest + fails to disclose information + legal duty to do so + gain/ loss
4: position expected not to act against interests + dishonest+ abuses + gain/loss