Fraud By False Representation

Question 1

Under what section of what act is fraud by false representation

Answer 1

Section 2(1) of the fraud act 2006

Question 2

When is fraud by false representation committed

Answer 2

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

Question 3

Actus reus

Answer 3

D must make a false representation

Question 4

What can a representation be

Answer 4

As to fact
As to Law
As to the state of mind of an individual

Question 5

What types of representation are there

Answer 5

Express/implied

Question 6

What can an express rep be and authority

Answer 6

Written, spoken or posted on website

Silverman

Question 7

When can a representation be implied and authority

Answer 7

Through ds conduct
Lambie
Barnard

Question 8

DPP v Ray

Answer 8

Ordering and eating a meal in a restaurant is a representation that the meal will be paid for before d leaves

Question 9

What is paying by check a representation that and case

Answer 9

That the bank will honour the cheque GILMARTIN

Question 10

What does the use of a cheque guarantee card represent and case

Answer 10

That the bank will meet any cheque up to the limit on the card

MPc V Charles

Question 11

Who can the representationbe made to under section 2(5)

Answer 11

A person or to any system/device where there is no human involvement

Question 12

Under s2(2) what is the actus reus of a false representation

Answer 12

It is untrue or misleading

Question 13

What is the fact whether something is true or not

Answer 13

A matter of fact
Effect on person to whom made irrelevant
Doesn’t matter whether d gains advantage by rep

Question 14

When is a representation probably misleading

Answer 14

If it was less than wholly true and capable of interpretation to the detriment of V

Question 15

Mens rea

Answer 15

• 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

Question 16

Do the negative definitions for dishonesty apply

Answer 16

No

Question 17

What is used for dishonestly

Answer 17

The ghosh test

Question 18

Under s2(2)(b) what must d know in order to make a false representation

Answer 18

That the representation he is making is/might be untrue or misleading

Question 19

Why does it not matter whether anyone believes ds false representation

Answer 19

The focus is on what d know

Question 20

Is d guilty if he believes he is making a true statement

Answer 20

No

Question 21

What must the intended gain/loss be of

Answer 21

Money or other property

Question 22

Can the intended gain/loss be temporary a

Answer 22

Yes

Question 23

Does gain include a gain by d keeping what he has

Answer 23

Yes

Question 24

Does loss include a loss by v not getting what she might get

Answer 24

Yes

Question 25

Why is there no gain or loss that needs to actually be made

Answer 25

It’s a men’s rea issue