Fraud By False Representation Flashcards
Under what section of what act is fraud by false representation
Section 2(1) of the fraud act 2006
When is fraud by false representation committed
When d Dishonestly makes a false rep Intends, by making false rep -to make a gain for himself or another -cause loss to another/expose another to the risk of loss
Actus reus
D must make a false representation
What can a representation be
As to fact
As to Law
As to the state of mind of an individual
What types of representation are there
Express/implied
What can an express rep be and authority
Written, spoken or posted on website
Silverman
When can a representation be implied and authority
Through ds conduct
Lambie
Barnard
DPP v Ray
Ordering and eating a meal in a restaurant is a representation that the meal will be paid for before d leaves
What is paying by check a representation that and case
That the bank will honour the cheque GILMARTIN
What does the use of a cheque guarantee card represent and case
That the bank will meet any cheque up to the limit on the card
MPc V Charles
Who can the representationbe made to under section 2(5)
A person or to any system/device where there is no human involvement
Under s2(2) what is the actus reus of a false representation
It is untrue or misleading
What is the fact whether something is true or not
A matter of fact
Effect on person to whom made irrelevant
Doesn’t matter whether d gains advantage by rep
When is a representation probably misleading
If it was less than wholly true and capable of interpretation to the detriment of V
Mens rea
- dishonesty
- d must know/believe representation is untrue/misleading
- d must have intention to make a cause or cause a loss or to expose another to the risk of loss
