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Deception is the act of convincing one or many recipients of untrue information. The person creating the deception knows it to be false while the receiver of the message has a tendency to believe it (although it is not always the case). [1]
So where there is a sudden downturn in the property market, a person guilty of deceitful misrepresentation is liable for all the claimant's losses, even if they have been increased by such an unanticipated event. [7] This is subject to a duty to mitigate the potential losses. [8] Contributory negligence is no defence in an action for deceit. [9]
Section 15(4) of the Theft Act 1968 read: . For the purposes of this section "deception" means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.
The "subjective" test looks at the defendant's state of mind; entrapment can be claimed if the defendant had no "predisposition" to commit the crime. The "objective" test looks instead at the government's conduct; entrapment occurs when the actions of government officers would usually have caused a normally law-abiding person to commit a crime.
A clear test within the criminal law emerged from R v Ghosh (1982) 75 CR App. R. 154. The Court of Appeal held that dishonesty is an element of mens rea , clearly referring to a state of mind, and that overall, the test that must be applied is hybrid, but with a subjective bias which "looks into the mind" of the person concerned and establishes ...
The GKT, also known as the Concealed Information Test (CIT), is an alternative method of interrogation to reveal concealed information a culprit might have about a crime. Similarly, it focuses on measuring the physiological reaction of subjects, although it prioritises electrodermal , respiratory and cardiovascular responses rather than ...
A test is a test. It does not judge a person,” Chin said. Prop 1 has opened a Pandora’s Box — by throwing in a kitchen sink of supposed protections for residents that conflict with each ...
Every one commits the misdemeanour called cheating who fraudulently obtains the property of another by any deceitful practice not amounting to felony, which practice is of such a nature that it directly affects, or may directly affect, the public at large. But it is not cheating, within the meaning of this article, to deceive any person in any ...
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