False Representation: Actus Reus

[Flash Card 1 of 1]

Fraud Act 2006 (FA)

• S2 FA / conduct crime

False:

• S2(2) FA: untrue or misleading

Representation:

• S2(3) FA: factual statement / state of mind may be sufficient / as to law or fact
• S2(4) FA: express or implied
• S2(5) FA: not necessarily to a person
• implied authority: cheque guarantee card (MPC v Charles) / credit card (Lambie)
• continuing: true but later false / not informing of change may be sufficient
• restaurant ordered food / realised could not afford / did not tell wiater (Ray)
• social services agreed to refurbish D's disabled mother's house / she died before work carried out / D not inform (Rai)

bits of law