- Jonathan HerringJonathan HerringProfessor of Law, Exeter College, Oxford
This chapter begins with a discussion of the law on fraud, covering fraud by false representation; fraud by failing to disclose information; fraud by abuse of position; fraud and possession offences; obtaining services dishonestly; conspiracy to defraud; and making off without payment. The offence of fraud can be committed where the defendant dishonestly makes a false representation intending to make a gain for themselves or a loss to another. The defendant is only guilty if they know that the statement is, or might be, untrue or misleading. Fraud is also committed where the defendant dishonestly fails to disclose information which they are under a duty to disclose, intending to make a gain for themselves or cause a loss to another. A third way of committing fraud is where the defendant misuses a position of trust in a dishonest way to make a gain or cause a loss. The second part of the chapter focuses on the theory of fraud, covering the extent and nature of fraud, and the Fraud Act 2006.