Wednesday, August 28, 2019

Introduction to law Essay Example | Topics and Well Written Essays - 2000 words - 1

Introduction to law - Essay Example The provided case could be determined as the conduct of fraudulent activity. In relation to the aforementioned case, it can be affirmed that fraud is defined as an act of dishonesty, which is generally undertaken for acquiring certain personal benefits. Under the Fraud Act 2006, a person who founds to be guilty in performing any fraudulent activity is treated under subsection (2). This section of the law defines fraud under three situations i.e. ‘fraud by false representation’, ‘fraud by failing to disclose information’ and ‘fraud by abuse of position’ (Crown, 2006). With this concern, the provided case can be categorised falling into the situation of ‘fraud by false representation.’ It was the private individual i.e. Clark who made a false representation in terms of not disclosing the actual details of the clock and claiming it to be an antique of the 17th century. It can be obviously stated that the dishonest act of Clark dishonesty was intended not to disclose the truth for reaping personal benefits. Thu s, Section 2(3) of the Fraud Act 2006 can be applied in this provided case (Crown, 2006). After acquiring a preliminary understanding about the case provided, it can be affirmed that this case could be placed before the county court. Stewart can file a case in opposition to the fraudulent activity performed by Clark, as he intentionally did not disclosed the details of the good for his own personal gain. Stewart before filling the case must collect all the relevant documents against the defendant i.e. Clark, so that the defendant does not get a scope to strike out the case. The parties could even opt for pre-action claims through settling out the dispute without the intervention of the court. Sanctions regarding the settlement of the dispute could be gained through obtaining a monetary compensation from the party charged with the conduct of fraudulent

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