Misc Questions

Question 1

A senior executive at a company who is acting on behalf of the company commits deceptions causing other companies to sustain financial losses. On who does criminal liability rest? (Important)

Answer 1

Both the senior executive and the company as the actions of the executive are said to be the actions and state of mind of the company.

Question 2

A person can be said to have control over a thing if…. (Important)

Answer 2

It is proven that they did in fact exercise some control over the thing

Question 3

When are goods sent by post said to be obtained? (Important)

Answer 3

When they are posted by the sender

Question 4

For s240(2)(c), a fraudulent device, trick or stratagem used with intent to deceive must be…. (Important)

Answer 4

Fraudulent, meaning dishonest in the traditional sense

Question 5

What is the defence of claim of right as set out in s2 CA1961 (Important)

Answer 5

a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

Question 6

What two steps should a seller take to void a deceiver’s voidable title? (Important)

Answer 6

• Notify Police
• Take civili steps such as a claim in the small claims tribunal