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Criminal Law: Fraud

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samparkin92
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Last updated: February 8, 2024
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First submittedAugust 4, 2023
Times taken24
Average score6.7%
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Hint
Answer
Statute
Fraud Act 2006
Actus Reus of fraud by false representation
Make a false representation
Dishonesty
Mens Rea of fraud by false representation
Intention
Make gain
Cause loss
Section
S.2
3 aspects of making a representation
Subject
Recipient
Method
Is a gain or loss required in fact?
No
Actus Reus of fraud by failure to disclose information
Dishonesty
Failure to disclose information
Legal obligation to do so
Mens Rea of fraud by failure to disclose information
Intention
Make gain
Cause loss
Section
S.3
Where are legal duties identified?
Law Commission, Fraud (276, 2002)
When does D 'fail' to disclose info?
Nothing is disclosed
Insufficient amount is disclosed
Actus Reus of fraud by abuse of position
Dishonesty
Abuse of position
Position safeguards financial interests
Mens Rea of fraud by abuse of position
Intention
Make gain
Cause loss
Section
S.4
What are the usual positions called?
Fiduciary duties
When does D abuse position?
It is undefined but has loose common law definition
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