Deck 11: Fraud

Question 1

Fred asks his brother Perry to lend him £50 so that he can buy his girlfriend Polly a present. In fact, Fred wants the £50 to spend in the pub. Perry paused for a second and then tells Fred that he doesn't believe him. Which ONE of the following statements is true in respect of whether Fred is guilty of fraud by false representation?

A) He is not guilty because Fred has not intended to cause a loss to his brother Perry
B) He is not guilty because Fred has not deceived Perry
C) He is guilty because Fred has intended to gain property
D) He is guilty because Fred had temporarily deceived Perry and that is adequate deception

Answer 1

C

Question 2

Lucinda wants her son Elvis to attend St Elmores school. Unfortunately, she does not live in the school's catchment area. Her friend Sehra tells her to use her address as Sehra lives in the catchment area. Lucinda puts down Sehra's address on Elvis's school application form. Has Lucinda committed fraud by false representation?

A) Yes, because under s.5, Fraud Act 2006 a school place definitely does amount to property
B) No. There has been no false representation made because a false representation needs to be an oral statement
C) No, because the false representation has been made by Sehra to the school because she has allowed Lucinda to use her address
D) It is very unlikely that she will be guilty because a school place cannot amount to property under s.5, Fraud Act 2006

Answer 2

D

Question 3

What is the test for dishonesty under the Fraud Act 2006?

A) The test is whether the jury believed that deception took place
B) D is dishonest if ordinary decent people would find D's conduct dishonest
C) Dishonesty is a question of law for the judge to decide
D) . D is dishonest if the honest and reasonable person regards what D did as dishonest, and D realises that the honest and reasonable person would regard his conduct as dishonest

Answer 3

B

Question 4

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

A) By false representation
B) By abuse of position
C) By obtaining services by deception
D) By failing to disclose information

Question 5

Which of the following was NOT a reason given for repealing the old deception offences?

A) The deceptions offences were too technical
B) The deception offences were too specific
C) The deception offences were far too widely drafted
D) They led to unjustified acquittals

Question 6

Mick is a trustee for Luke, a 10 year old whose parents have died. Mick is given a credit card to use for "trustee business only". Mick uses the card to take his girlfriend Fatima to Cambridge for a romantic weekend. He knows that the other trustee, Ian, does not mind, even if most other people would. Has Mick committed fraud?

A) No. There is no false representation made here. All fraud offences require a false representation.
B) Yes. Mick has abused his position as a trustee and has intentionally gained from this.
C) No, because to constitute fraud by abuse of position, Mick would have to be dishonest. As Mick knew that Ian would not mind, this would not amount to dishonesty.
D) Mick has breached his fiduciary duties as a Trustee. Mick cannot be prosecuted for a criminal offence as the civil law gives Luke a right to sue Mick and recover the money.

Question 7

Walter fills out a car insurance application form. In the section on previous accidents, he ticks a box which states that he has not had an accident in the last three years. In fact, Walter was involved in a serious car accident last year because he was speeding. Which type of fraud might Walter be charged with?

A) Fraud by false representation and fraud by failing to disclose information
B) Fraud by false representation and fraud by abuse of position
C) Fraud by failing to disclose information and fraud by abuse of position
D) All three types of fraud

Question 8

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

A) Intention to make a gain
B) Dishonesty
C) Intention to cause loss or expose another to a risk of loss
D) Deception