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
Do the negative definitions for dishonesty apply
No
What is used for dishonestly
The ghosh test
Under s2(2)(b) what must d know in order to make a false representation
That the representation he is making is/might be untrue or misleading
Why does it not matter whether anyone believes ds false representation
The focus is on what d know
Is d guilty if he believes he is making a true statement
No
What must the intended gain/loss be of
Money or other property
Can the intended gain/loss be temporary a
Yes
Does gain include a gain by d keeping what he has
Yes
Does loss include a loss by v not getting what she might get
Yes
Why is there no gain or loss that needs to actually be made
It’s a men’s rea issue
