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Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India.
According to Black's Law Dictionary, common law is "the body of law derived from judicial decisions, rather than from statutes or constitutions." [15] Legal systems that rely on common law as precedent are known as "common law jurisdictions."
Perjury operates in American law as an inherited principle of the common law of England, which defined the act as the "willful and corrupt giving, upon a lawful oath, or in any form allowed by law to be substituted for an oath, in a judicial proceeding or course of justice, of a false testimony material to the issue or matter of inquiry". [38]
The Law Commission has debated whether the requirement to prove dishonesty makes obtaining a conviction more difficult, and whether the law should be reformed to make the offences conduct based. The conclusion was that juries are not confused by the need to consider dishonesty as a separate element from deception and that this aspect of the law ...
Scott, 44, the owner of PK Blendz Juice Bar on Main Street in Peekskill, was charged with offering a false instrument for filing in the first degree, a felony. The charge requires proof that Scott ...
Obtaining pecuniary advantage by deception [1] was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still exists in certain other common law jurisdictions [2] which have copied the English criminal model.
It is often on social media or dating apps and websites as a common tactic used to form online relationships under false pretenses, sometimes to lure people into financial scams.