In paying for a taxi-fare, V, who understands little English, holds out his wallet so that D may take the fare. D takes four times the true amount which V assumes is correct. Which of the following is a correct statement of the law:
A) S1(1) is silent on the question of consent and this therefore relieves the prosecution of the burden of proving that an appropriation was without the owner's consent. The consent of V here would not prevent D's acts from amounting to an appropriation.
B) An appropriation involves not an act by consent but an act which is by way of adverse interference with the owner's rights. Therefore, there is no appropriation here.
C) The only time one can appropriate with the consent of the owner is when consent has been obtained by false representation. Therefore, D has appropriated.
D) D's only offence is one of fraud not theft because he has tricked V into handing over the money.
Correct Answer:
Verified
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