Page 30 Flashcards
Can a manager or supervisor be guilty of larceny if they convert property?
No, embezzlement
How is the defendant’s possession considered lawful for embezzlement?
If it is gotten by receiving property with the owner’s effective consent or finding lost property, or taking property without intent to steal
If you were given the wrong coat at a coat check, you don’t realize it until later when you decide to keep it, what are you guilty of and why?
Embezzlement because when you thought it was your own coat, you had lawful possession
What is obtaining property by false pretenses?
Defendant obtains both title and possession of property by fraud
What type of intent crime is false pretenses?
Specific intent, so defendant had specific intent to get title to the victim’s property by fraud
How is buying a car with a forged check considered false pretenses?
Because title would pass to the defendant
If larceny applies, does false pretenses also??
No
If you buy something with counterfeit bills, what crime have you committed?
False pretenses, because you defrauded the store into transferring property to you with intent to steal
If you go to a store and buy something on credit, but then decide to keep the item and not pay, what crime have you committed?
Nothing, because the intent to steal was formed later, unless continuing trespass applies
What are the elements of false pretenses?
- knowing false representation
- material past or present fact
- reliance by V
- passing of title/possession to D
- intent to and actual defrauding of V
If something is said that is actually true, even though the person thinks it isn’t, can that count for false pretenses??
No, because the representation must be false and the defendant must know it was false
If the statement was false when it was made, but things changed and it became true, can that be a false representation for false pretenses?
No
If you have reckless disregard about the truth of something, can that be a false representation for false pretenses?
Yes
What are the ways that a false representation can happen for false pretenses?
- oral
- written
- unspoken conduct
- nondisclosure when something is done to reinforce a false impression
Can silence be enough for a false representation for false pretenses?
Usually no
When is there a duty to correct a misunderstanding in a false pretenses situation?
If the misunderstanding is created by the defendant or the defendant is a fiduciary to the victim
In order for there to be false pretenses, the false representation must be what?
About a material fact
Can a false representation for false pretenses be about a future fact or future conduct?
- Majority: no, only present or past because false promises are impossible to punish since you don’t know if they just changed their mind
- Minority: yes
Can seller’s talk or puffing count as a false representation for false pretenses?
No
The misrepresentation for false pretenses has to be about what and not what?
Fact not opinion
If a waitress brings you a bill for food that is lower than you know it should be, and you pay the amount the receipt says, what have you committed?
False pretenses because you made a statement through your conduct, paying, that the bill was the correct amount, and since you knew it wasn’t, your false statement was intentional
What is the reliance element of false pretenses?
D’s conduct must cause the victim to pass title or money to the D (because he relied on the misrepresentation)
Does reliance have to be reasonable for false pretenses?
No
What is required for the passing of title to the wrongdoer for false pretenses?
Defendant, or someone connected to him, must get actual transfer of title
