ExpertEasy1 markMultiple Choice
ACCA · Question 45 · Corporate and Business Law
Under the Fraud Act 2006, which of the following is NOT one of the three main ways in which the criminal offence of fraud can be committed?
Under the Fraud Act 2006, which of the following is NOT one of the three main ways in which the criminal offence of fraud can be committed?
Answer options:
A.
Fraud by false representation
B.
Fraud by failing to disclose information
C.
Fraud by abuse of position
D.
Fraud by negligence
How to approach this question
Recall the three statutory methods of committing fraud under the Fraud Act 2006.
Full Answer
D.Fraud by negligence✓ Correct
The Fraud Act 2006 establishes a single general offence of fraud, which can be committed in three ways: 1) by false representation (s.2), 2) by failing to disclose information when there is a legal duty to do so (s.3), and 3) by abuse of position (s.4). Negligence lacks the required mens rea (dishonesty) for fraud.
Common mistakes
Confusing civil negligence with criminal fraud.
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