Summary
Summary s2 Fraud False Representation
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Detailed summery of Fraud by false representation with relevant case law.
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Fraudfalse representationSIFranaAct2006
Basicdefinition ofwhatconstitutesfraud
doessobyreference toothero ffencesmorespecifiedway
mostcommonwayofallegingfraudse
S2FranaAct2006
seena personis inbreachofthissectionifhe
a dishonestlymakesafalse representationand
bintendsbymakingtherepresentation
isto makea gainforhimselfor anotheror
ii to causelosstoanothertoexposeanotherto a riskofloss
ActusReus D mustmake a representation whichisfalse
MensRea 3parts
IvetteEyton estintermsofthereasonableman
nodefences
I
Dmustbedishonest una2013thefocusisonfunat Dknew
eese r uAug
knowledgemeanstruebeieit it shouldbeinterpretedstrict
spubjective
atlowestlevel
y
D mustknowtherepresentation is maybeuntruemisleading
Dmusthavean intentiontomake againcause aloss
tossto another
cause
inmoneyorPro
Peggs
enof realorp ersonapropertyincludingthings
inaction otherintangibleproper
what is a falserepresentation
whethera nyonebeeves
Yo
heat
TEnde're'Ies
52123A representationis false y an untrue madein thehonest
statement beret that it istruewouldnot
suffice
it is amatteroffactwhethers omethingistrueornot
a it is untruemisleadingand misleadingnot d efinedintheAct
fraudLawGovtresponse to
consul ation
2004 stated a representation
wasmisleadingif itwas
b thepersonmakingit knowsthat it is Imightbeuntrue or misleading Lessthan whollytrueand
capableof interpretation to the
detriment
of thevictim
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