Legal definition of fraud

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fluffy bunny
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Legal definition of fraud

Post by fluffy bunny » 05 May 2008

From The Fraud Act 2006.

Fraud by false representation

A person is in breach of this section if he -

(a) dishonestly makes a false representation, and
(b) intends, by making the representation to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss.

A representation is false if -

(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.

“Representation” means any representation as to fact or law, including a representation as to the state of mind of -

(a) the person making the representation, or
(b) any other person.

A representation may be express or implied.

For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Fraud by abuse of position

A person is in breach of this section if he -

(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b) dishonestly abuses that position, and
(c) intends, by means of the abuse of that position

(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

See also;

Fraud by failing to disclose information
Making or supplying articles for use in frauds
Obtaining services dishonestly etc

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