Other Definitions Flashcards
What must a Representation contain and be capable of?
Must be capable of being false so it must contain a proposition of fact.
False Representation -The representation must be false and the defendant must…(take one of which 3 positions).
The defendant must:
Believe, be reckless, or be willfully blind that it is false in material particular.
Synonymous
Ownership
With the
concept of
The concept of title
Possession.
What are the two elements and describe each
Physical and Mental:
COX
Physical - having (actual or potential) custody and control.
Mental - Knowledge that the thing is in his possession and an intention to exercise that possession.
Debt/Liability/Credit
What are these limited to?
and what do they not extend to?
Relate to money only
Does not extent to items other than money.
Debt or liability incurred must be:
Must be legally enforceable
Debt means
Money owing from one person to another
Liability means
A legally enforceable obligation to pay
(such as the cost of a meal)
Credit involves which 2 elements?
Debtor: has an obligation to pay.
Creditor: sets the time given to do so.
What is another term for Special Interest
and what is a special interest?
Another term is ‘Special Property’.
A lien is an example where another person has a special interest in the property.
Control
A dominating influence or command over the thing.
Control.
When proving Control, is it enough that the defendant had the thing in his possession.
No. Possessions is not necessary for proving control. Nor is it sufficient.
You must prove the defendant exercised some control.
Give 4 examples of Pecuniary Advantage:
(1) Cash from stolen goods
(2) Cash from stolen EFTPOS card
(3) A discount (from student ID card)
(4) Avoiding payment of debt.
