Erstellt von Anja Schutte
vor mehr als 6 Jahre
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FRAUD Def Fraud - unlawful and intentional perversion of the truth in order to defraud and results in actual or potential prejudice. Elements of fraud - intention, unlawful, act and prejudice. Specific elements - words, conduct, silence, writing. words - verbal or written, most common, when one person tells another person that a particular fact exists while it does not. Can also occur when a word(S) is spoken word is omitted in a document. Conduct - behaving in a deceitful manner and pretending to be something/someone the person is not. Silence - Duty to disclose, legal duty, need to prove there was a legal duty. Writing - Also most common, example includes fraudulent cheques, have to prove the link between misrepresentation, the suspect and prejudice. FORGERY Def Forgery - unlawful and intentional falsification of a document which is calculated to cause prejudice. Def Prejudice - preconceived opinion not based on an actual fact. Elements of Forgery - Act, intention, unlawfulness and prejudice. Forms of Forgery - altered and no longer reflect original content, purports to be drawn up by a specific person. Forged document - aims to be seen as genuine, imitate genuine document, counterfeit, signed in non-existing name, false copy of non-existing document, false content such as figures and dates. Attempted Forgery - non-legible writing, perp prevented from completing false document, pen or ink runs out whilst making false document, clumsy and unbelievable forgery. UTTERING Def Uttering - intentional and unlawful with intent to defraud, putting off false document which causes prejudice or is potentially prejudicial. elements of uttering
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