Search results
Results from the WOW.Com Content Network
The two-pronged definition of fraudulent conversion is "conversion [n 1] that is committed by the use of fraud, either by obtaining the property, or in withholding it". [1] In England and Wales, the term fraudulent conversion was superseded by the identically named offences under the Larceny Act 1901 and sections 20 and 21 of the Larceny Act 1916.
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". [1] In England and Wales, it is a tort of strict liability. [2] Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that ...
An example of conversion is when a person logs checks in a check register or transaction log as being used for one specific purpose and then explicitly uses the funds from the checking account for another and completely different purpose. [3] When embezzlement occurs as a form of theft, distinguishing between embezzlement and larceny can be ...
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force.
Section 380(1) of the Criminal Code provides the general definition of fraud in Canada: 380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any ...
[3] [2]: 946 The case was significant because in common law at that time, larceny required a trespass by force and arms (vi et armis) or against the peace, which did not occur if the person was willingly handed the bulk or bales of items. [2]: 946 The breaking of the bulk was found to be the required force needed in the element of trespass.
But in R v Jones [1898] 1 QB 119, an English court found that it is neither larceny nor false pretences, but an offence under the Debtors Act 1869, of obtaining credit by fraud. [6] R v Danger [26] revealed a lacuna in the law. This was remedied by section 90 of the Larceny Act 1861. That section was replaced by section 32(2) of the Larceny Act ...
In law, fraud is an intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. [1]