Chapter 9 Multiple choice questions

. Which ONE of the following may be stolen?

Wild mushrooms picked for personal use

Confidential information

An overdraft facility

Electricity

. Which of the following cases is good authority for the proposition that consent is not relevant to appropriation?

Ivey v Genting Casinos (2017)

Morris (1983)

Lloyd (1985)

DPP v Gomez (1993)

. Which ONE of the examples below does NOT amount to an intention to permanently deprive?

An intention to return the property in 10 years' time with some of its goodness and virtue intact

An intention to return the property in 1 hour's time in such a changed state that it can truly be said that all of its goodness and virtue has gone.

An intention to borrow money and return an equivalent value the following day

An intention to sell the property

. Which of the following is an accurate representation of the test on dishonesty after the decision in Ivey v Genting Casinos?

D is dishonest if the honest and reasonable person regards what D did as dishonest, and D thinks that his conduct is dishonest.

D is dishonest if ordinary decent people would find his conduct dishonest.

D is not dishonest if he can show that he is willing to pay for what he took.

D is dishonest if he believes that his conduct is dishonest.

. David urgently needs £10 so he decides to borrow the money from his brother's wallet. He doesn't think that his brother would mind. Which ONE of the following might be applied in David's defence?

s.2(1)(c), Theft Act 1968

s.2(2), Theft Act 1968

s.2(1)(a), Theft Act 1968

s.2(1)(b), Theft Act 1968

. Sheila notices that this month she has been overpaid by her employers. She decides not to mention it and spends the money. Which of the following statements is TRUE?

Sheila will be guilty of theft and s.5(2) applies in respect of belonging to another.

Sheila will be guilty of theft and s.5(3) applies in respect of belonging to another.

Sheila will be guilty of theft and s.5(4) applies in respect of belonging to another.

Sheila will not be guilty of theft. The money belongs to Sheila because title has passed.

. Which of the following statements about appropriation is FALSE?

Appropriation is the assumption of the rights of the owner.

The defendant must assume all of the rights of the owner.

A valid gift may be appropriated.

Consent is irrelevant to appropriation.

. Which of the following statements about dishonesty is FALSE?

D is not dishonest if he is willing to pay for the property.

D is not dishonest if he honestly believes that he has a right in law to the property.

D is not dishonest if he honestly believes that he would have the owner's consent.

D is not dishonest if he honestly believes that the owner cannot be found if all reasonable steps were taken to find the owner (although D does not have to actually take any steps).

. Which of the following cases is an authority for the proposition that it is possible to be guilty of stealing your own property?

Woodman (1974)

Turner (No 2) (1971)

Williams v Phillips (1957)

Hibbert v McKiernan (1948)

. Which of the following is NOT a "thing in action"?

A service

A credit in a bank

A share in a company

Copyright

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