Fraud by false rep

Question 1

In what section of what act is Fraud by false rep defined?

Answer 1

S2 of the Fraud Act 2006

Question 2

Define fraud by false rep

Answer 2

A person is guilty of fraud if he dishonestly makes a false representation with intention to make a gain for himself or cause a loss to another or expose another to a risk of loss

Question 3

What are the AR elements of Fraud by false rep?

Answer 3

D must make a representation

Which is false

Question 4

What are the MR elements of Fraud by false rep?

Answer 4

Knowledge that rep is/might be false
Dishonesty
Intention to make a gain/cause a loss

Question 5

What does the representation not have to be and what does that mean that Fraud is?

Answer 5

Rep doesn’t have to be received or communicated which means Fraud is an intention crime

Question 6

What does S2(2) say about the rep?

Answer 6

Must be false

Question 7

What does S2(3) say that the rep can be about?

Answer 7

Law, fact or state of mind

Question 8

Give an example of a rep about fact

Answer 8

Selling a car saying it’s brand new when it’s not

Question 9

Give an example of a rep about law

Answer 9

Painting yellow lines outside your house

Question 10

Give an example of a rep about state of mind

Answer 10

Making out that you’re going to pay

Question 11

What does S2(4) refer to?

Answer 11

The different ways in which D can make a representation

Question 12

What are the two types of representation?

Answer 12

Express and implied

Question 13

How can someone make an express representation?

Answer 13

By words said or written

Question 14

Which case outlines express reps by words?

Answer 14

Silverman

Question 15

Which cases outlines implied reps by conduct?

Answer 15

DPP v Ray and R v Lambie

Question 16

Which case outlines implied reps by clothing?

Answer 16

Barnard

Question 17

Which case states that rep can be made by an omission?

Answer 17

R v Rai

Question 18

What does S2(5) say about who the rep can be made to?

Answer 18

Rep can be made to a machine

Question 19

Define ‘false’

Answer 19

Untrue or misleading

Question 20

Which test outlines dishonesty

Answer 20

The Ghosh test

Question 21

Which section outlines the terms ‘gain’ and ‘loss’?

Answer 21

S5

Question 22

Define gain

Answer 22

Keeping what one has or getting what he has not

Question 23

Define loss

Answer 23

Parting with what one has or not getting what one might otherwise get

Question 24

Does D actually have to make a gain/cause a loss?

Answer 24

No, he only has intention to do so

Question 25

What must D intend to make a gain/cause a loss of?

Answer 25

Property or money as defined in S4 of TA 1968