Fraud

Question 1

Patel (Rupal) 2006

Answer 1

Application - never convicted - lie

Conditional discharge not conviction

Question 2

Jeevarajah 2012

Answer 2

False Representation - lottery ticket

Fraud not successful - could still be convicted even if no gain

Question 3

Gilbert 2012

Answer 3

False representation Lloyds - open account

Need causative link between misrepresentation and gain/loss

Question 4

UAE v Allen 2012

Answer 4

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

Question 5

The Fraud Act 2006

Answer 5

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