12 Fraud

Question 1

What are the 4 requirements for fraud by false representation?

Answer 1

1. The defendant made a false representation
2. The defendant knew the statement was untrue or misleading
3. The statement was made with the intention to make a gain or cause a loss
4. There was dishonesty - under the Ghosh 182 test

Question 2

What are the 2 requirements for fraud by failing to disclose information?

Answer 2

1. The defendant dishonestly failed to disclose information which he is under a legal duty to disclose
2. The defendant intended to make a gain for himself or another or cause loss or risk of loss

Question 3

What are the 3 requirements for fraud by abuse of position?

Answer 3

1. The defendant occupied a position in which he is expected to protect the interests of another
2. He dishonestly abused that position
3. He intends to make a gain for himself or another or cause loss or expose another to risk of loss

Question 4

What are the 3 ways in which fraud can be committed?

Answer 4

1. Fraud by false representation
2. Fraud by failing to disclose information
3. Fraud by abuse of position