Fraud by false representation

Fraud by false representation is where a person dishonestly makes a false representation with the intention of making a gain or causing loss.

The gain can be for the person making the representation, or for another party.

The loss can be to the person receiving the representation, or to another party.

A representation is false if it is untrue or misleading.

For the false representation to be a criminal act, rather than an innocent act, the person making it must know that it is, or might be, untrue or misleading.

The representation can be:

• as to fact or law
• express or implied
• oral or written.