Chapter 11 Multiple Choice Questions

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Which of the following is NOT a way in which fraud can be committed?

By false representation correct incorrect

By failing to disclose information correct incorrect

By abuse of position correct incorrect

By obtaining property by deception correct incorrect

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Which of the following is NOT a common element of fraud?

Dishonesty correct incorrect

Deception correct incorrect

Intention to make a gain correct incorrect

Intention to cause loss or expose another to a risk of loss correct incorrect

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Which of the following is an INCORRECT statement about false representations?

A false representation is made when it is communicated correct incorrect

A false representation may be made to a machine correct incorrect

A false representation is one which is untrue or misleading correct incorrect

A false representation may be express or implied correct incorrect

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Gavin fills out a life insurance application form. In the section on medical conditions, he ticks a box which states that he does not have any heart conditions. In fact, Gavin has a serious heart condition. Which type of fraud might Gavin be charged with?

Fraud by false representation and fraud by abuse of position correct incorrect

Fraud by false representation and fraud by failing to disclose information correct incorrect

Fraud by failing to disclose information and fraud by abuse of position correct incorrect

All three types of fraud correct incorrect

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Karl, a director of a company, buys property from a company owned by his daughter. He does not declare his personal interest in the transaction to the other directors of his company. The Companies Act 2006, s.117 requires a director to make such a declaration by law. Which type of fraud might Karl be charged with?

Fraud by false representation and fraud by abuse of position correct incorrect

Fraud by false representation and fraud by failing to disclose information correct incorrect

Fraud by failing to disclose information and fraud by abuse of position correct incorrect

All three types of fraud correct incorrect

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Donald completes an insurance application form on which he states that he is employed in a permanent full-time position. In fact, he is working part-time on a temporary contract. Which type of fraud might Donald be charged with?

Fraud by false representation and fraud by failing to disclose information correct incorrect

Fraud by failing to disclose information and fraud by abuse of position correct incorrect

Fraud by false representation and fraud by abuse of position correct incorrect

All three types of fraud correct incorrect

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Terence, a solicitor, misappropriates a client's money. Which type of fraud might Terence be charged with?

Fraud by false representation correct incorrect

Fraud by failing to disclose information correct incorrect

Fraud by abuse of position correct incorrect

All of the above correct incorrect

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Which of the following is NOT a mens rea element of fraud by false representation?

Dishonesty correct incorrect

Intention to deceive by the false representation correct incorrect

Knowledge that the representation is or might be false correct incorrect

Intention to make a gain for oneself or another, or to cause loss or to expose another to a risk of loss correct incorrect

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Which of the following cases is authority for the proposition that when D presents a credit card he makes an implied representation that he has the authority to use that card?

Lambie (1981) correct incorrect

MPC v Charles (1976) correct incorrect

DPP v Ray (1974) correct incorrect

Harris (1975) correct incorrect

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Which is the authority used to assess dishonesty for the purposes of Fraud?

Ghosh (1982 correct incorrect

Ivey v Genting Casinos (2017) correct incorrect

s.2(1), Theft Act 1968) correct incorrect

DPP v Gomez (1993 correct incorrect