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An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
In most cases the codified statutory form of cheating and the original common law offence are very similar, but there can be differences. For example, under English law it was held in R v Sinclair [2] that "[t]o cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However, at common law ...
Similarly, fraud may serve as a basis for a court to invoke its equitable jurisdiction. The remedies for fraud may include rescission (i.e., reversal) of a fraudulently obtained agreement or transaction, the recovery of a monetary award to compensate for the harm caused, punitive damages to punish or deter the misconduct, and possibly others. [6]
It is important to note that the actual distinction between the two different types of fraud is what the intentions of the debtor were. For example, where the debtor has simply been more generous than they should have or, in business transactions, the business should have ceased trading earlier to preserve capital (see generally, wrongful ...
Fraud and financial crime patterns have become more digital and faster changing, leveraging the underlying characteristics of the underlying digital payments infrastructures. This caused traditional rule based systems to be ineffective and led the way to machine learning and AI-based fraud detection techniques.
Making false statements (18 U.S.C. § 1001) is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, [1] even by merely ...
In video games, cheating can take the form of secret access codes in single-player games (such as the Konami code [14]) which unlock a bonus for the player when entered, hacks and exploits which give players an unfair advantage in online multiplayer games and single-player modes, or unfair collusion between players in online games (such as a ...
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 ...