This assignment has achieved a D* as every topic has been thoroughly researched. This assignment covers the following topics: the law with respect to fraud in given situations and I have analysed the given scenario by applying the relevant law.
Unit 5 - P2: Describe the law with respect to fraud in given situations
M2- Analyse the given scenario by applying the relevant law.
Introduction
In this assignment, I am going to describe the different laws relating to fraud. These are
including: Fraud Act 2006 s.2 or fraud by false representation and fraud s.11 obtaining service
dishonestly. I am also going to describe some information about section 3 of Act 1978, making
off without payment. The acts of fraud especially section 11 was passed so it could cover most
areas of fraud including internet frauds. We can define fraud as a wrongful or criminal
deception intended to amount in financial or personal gain which most of the times causes a
loss to the victim. This assignment is going to provide a full illustration of the application of the
law through analysing a scenario in terms of the actus reus and mens rea. Furthermore, analysis
continued through deciding that which section should be considered for the offence and that
whether the defendant is guilty or not. Moreover, many case examples were included
throughout this assignment which contributed in establishing a cohesive and substantially
detailed assignment.
Fraud Act 2006 s.2: Fraud by false representation
Section 2(1) of the Fraud Act 2006 mentions that “a person is in breach of this section if he
dishonestly makes a false representation, and intends, by making representation to make a gain
for himself, or to cause loss to another or to expose another to a risk of loss.” According to this
statement the defendant must make a false representation and the defendant must be aware
that the representation was false or that it might be false. Furthermore, he must be aware that
his omission was dishonest and he acted in such a way to gain or cause loss. Moreover, it is
crucial to take into account that section 2 covers an area of fraud concerning property which
could include cheques or other financial advantage. It also covers a wide area of fraud in
regards to commercial context. For instance, false mortgage or false representation about later
payment of things like life insurance would be considered as fraud that can take place within
false representation. Any type of internet fraud is also included. More importantly, the offence
covers a variety of offences such as all of the repealed deception offences.
Actus reus for s.2
A false representation is essentially a false statement, lie or a trick. The representation does not
require to be believed by a victim. Section 2 illustrates that falsity means misleading someone
or giving an untrue statement. However, this definition is not defined in the Act but the
government gave a statement that “less than wholly true and capable of an interpretation to be
detriment of the victim” This statement demonstrates that even if something is partially false
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