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FOR2603 ASSIGNMENT 1

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FOR2603 ASSIGNMENT 1

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  • September 14, 2023
  • 6
  • 2023/2024
  • Exam (elaborations)
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ASSIGNMENT 1




AMBASSODOR KING
ADMIN

, QUESTION 1


1.1 Describe two specific elements of misrepresentation found in fraud, using
the following subheadings, and give an example of each:
1.1.1 Words (5)
1.1.2 Conduct (5)
1.2 Explain the difference between the crimes of theft by false pretences and
fraud (5)
1.3 Define the term “uttering”. (5) [20]

1.1 Elements of Misrepresentation in Fraud:

1.1.1 Words: In fraud, misrepresentation through words involves making
false statements, lies, or deceptive claims to deceive someone into taking a
particular action or making a decision to their detriment. This can be done
verbally or in written form, such as through contracts, emails, or
advertisements. Here's an example:

Example: A person sells a used car and assures the buyer that the vehicle is
in perfect condition and has never been in an accident. However, the seller
knows that the car has been involved in a major accident and has several
hidden mechanical issues.

1.1.2 Conduct: Misrepresentation through conduct refers to actions or
behaviors intended to mislead or deceive another person. It involves actions
that create a false impression or lead someone to believe something that is
not true. Conduct misrepresentation can include actions like concealing
important information, providing misleading gestures, or creating a false
appearance. Here's an example:

Example: A company advertises a new health supplement and runs a
commercial showing a group of people claiming significant weight loss after
using the product. However, the company has paid these individuals to
provide false testimonials and has not conducted any actual studies to
support the supplement's effectiveness.

1.2 Difference between Theft by False Pretences and Fraud:

Theft by False Pretences and Fraud are both forms of deception, but they
differ in some key aspects:

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