The offence of dishonestly obtaining exemption or abatement of liability by deception could be committed by an act of commission or one of omission. This conduct would probably now be a fraud offence by breach of (at least) s 3 Fraud Act 2006 (possibly by s 4 as well).

D had exceeded the limit on her credit card and agreed to return the card to the bank. However, she used it to make another purchase in a shop.

The House of Lords held that the presentation of the credit card had been a representation of D’s authority to make a contract on the bank’s behalf. It was false, and it was open to the jury to find that the manager had been induced by D’s representation.

The defendant had an agreement with employees of a cinema to lend him the films so that he could copy them and sell the pirate copies. He would then return the films, with the cinema owners none the wiser.

The offence of conspiracy to defraud is complete where the intention is to cause the victim economic loss by dishonest means. Deceit is not an essential ingredient of the offence.