Chapter 10 Self-test questions

What is the actus reus of fraud by false representation?

Making a representation which was dishonest.

Making a representation which was ambiguous.

Making a representation which was false.

Making a representation which was an exaggeration.

What is the mens rea of fraud by false representation?

Knowledge that the statement is false and dishonesty.

Knowledge that the statement is false, dishonesty as to the use of information, and intention to permanently deprive another of their property.

Knowledge that the statement is false and intention.

Knowledge that the statement is, or might be, false, dishonesty, and intention to make a gain or cause a loss, or a risk of loss.

Writing false statements on one's CV could fulfil the offence of fraud by false representation. True or false?

True

False

How do we define a "false representation" (in the context of fraud by false representation)?

A representation which is ambiguous or unclear.

A representation which is manifestly false.

A representation which is untrue or misleading.

A representation which is dishonest.

Which factors are considered when deciding whether a "representation" has been made, in the context of fraud by false representation?

The nature of the representation, the statement made, and the type of facts in issue.

The subject of the representation, the recipient, and the method.

The nature of the representation, the words said, and dishonesty.

The subject of the representation, the reliance placed upon it, and the deleterious effects of any such reliance.

What is the actus reus of fraud by failure to disclose information?

Failing to disclose information to which the party has a right.

Failing to disclose information if there is a legal duty to do so.

Failing to disclose information to make a gain or cause a loss.

Failing to disclose information to gain a material advantage.

What is the mens rea of fraud by failure to disclose information?

Dishonesty and intention to cause a loss.

Dishonesty and intention, by the failure to disclose, to obtain a pecuniary advantage over a third party.

Dishonesty and intention to defraud.

Dishonesty and intention, by the failure to disclose, to make a gain or cause a loss, or risk of loss, to another.

There is no legal definition of a "duty to disclose" under s.3 of the Fraud Act 2006. True or false?

True

False

Failure to disclose sufficient information could constitute fraud by failure to disclose information. True or false?

True

False

The offences of fraud by false representation (s.2) and fraud by failure to disclose information (s.3) are wholly separate. True or false?

True

False

What is the actus reus of fraud by abuse of position?

By act or omission, to abuse a position in which one is expected to safeguard the financial interests of another.

By act or omission, to abuse a position of trust over money.

By act or omission, to abuse a position in which one is expected to safeguard a dependent third party individual.

By act or omission, to abuse a position of trust over property.

What is the mens rea of fraud by abuse of position?

Dishonesty and intention to permanently deprive.

Dishonesty, and intending, by the abuse of position, to cause a pecuniary loss to another third party.

Dishonesty and intention to defraud.

Dishonesty, and intending, by the abuse of position, to make a gain, or cause a loss or risk of loss, to another.

There is no legal definition of a "position in which one is expected to safeguard the financial interests of another" under s.4 of the Fraud Act 2006. True or false?

True

False

The offence of fraud by abuse of position (s.4 of the Fraud Act 2006) is limited to a fiduciary duty. True or false?

True

False

The offence of fraud by abuse of position (s.4 of the Fraud Act 2006) can be committed even if D is unaware that they hold such a position. True or false?

True

False

What is the actus reus of obtaining services dishonestly?

The acquisition of services for which payment is required, and paying for this with a fraudulent means of payment.

The obtaining of services without any intention to pay.

The acquisition of services for which payment is required, and failed to pay for these services in full.

The obtaining of services with the intention to permanently deprive the other of those services.

What is the mens rea of obtaining services dishonestly?

Knowledge that payment for the services is, or might be, required; recklessness to obtain the service without paying; and intention to permanently deprive.

Dishonesty and intention to permanently deprive.

Knowledge that payment for the services is, or might be, required; intention to obtain the service without paying; and dishonesty.

Dishonesty by the objective standard of reasonable people.

Where D obtains services, with the intention of paying, but decides after the event that they will not do so, there is no offence committed under s.11 of the Fraud Act 2006 (obtaining services dishonestly).
True or false?

True

False

What is the maximum sentence for obtaining services dishonestly?

2 years.

5 years.

7 years.

10 years.

There is no legal definition of a "service" under s.11 of the Fraud Act 2006. True or false?

True

False

What is the actus reus of possession of articles for use in frauds?

Possession of relevant financial information.

Possession or control of an article.

Possession of relevant confidential documents.

Possession or control of a bladed article.

What is the mens rea of possession of articles for use in frauds?

Knowledge of possession or control, and intention to use that article in connection with fraud.

Possession of an article with the intent to cause financial loss.

Knowledge of possession or control, and intention to use the confidential documents in connection with fraud.

Possession of a confidential document and dishonesty.

What is the actus reus of making or supplying articles for use in frauds?

Making and supplying a fraudulent article.

Making, adapting, or providing any such article to a company.

Making, adapting, supplying or offering to supply any such article.

Making, adapting, amending, damaging, or altering an article in order for it to be used for a dishonest purpose.

What is the actus reus of conspiracy to defraud?

Planning for an act in which private finances will be transferred from one party to another party, to whom they do not belong.

Agreement, between two or more people, as to the intention to commit an act of fraud against another person, or persons.

Planning an act wherein third party property will be stolen.

Agreement, between two or more people, as to a course of conduct which risks the property interests of another or deception in a public duty.

What is the mens rea of conspiracy to defraud?

Knowledge of the risks involved in the agreement; intention that the course of conduct will be carried out; and dishonesty.

Possession of a confidential document and dishonesty.

Knowledge of possession or control of an article, and intention to use the confidential documents in connection with fraud.

Possession of a legally privileged document and dishonesty.

What is the actus reus of making off without payment?

Leaving the venue without paying because of a subjective dissatisfaction with the product or service provided.

Making off, without payment, when some form of payment is both necessary and appropriate.

Leaving the venue to find a cashpoint if one lacks any money.

Making off, without payment, where on-the-spot payment is required.

What is the mens rea of making off without payment?

Knowledge that on-the-spot payment was required; intention to avoid payment; and dishonesty.

Dishonesty and intention to permanently deprive.

Knowledge that on-the-spot payment was required; and intention to make off from the scene at once.

Dishonesty and intention to remove the item without paying.

The point at which dishonesty is assessed, for the purposes of making off without payment, is the point at which D made off. True or false?

True

False

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