Solicitors Qualifying Examination (SQE) Practice Exa\

Question: 1 / 400

What must a party prove to establish fraud by false representation?

That the representation was made in good faith.

That they were misled by a promise.

That a false representation was made.

To establish fraud by false representation, it is essential to prove that a false representation was made. This forms the foundational element of fraud, as a key aspect of recognizing fraudulent behavior is the existence of misrepresentation—where one party presents false information as being true. In cases of fraud, the representation must not only be false but also made with the intention that the other party would rely on it.

The focus on a false representation highlights the necessity of demonstrating that what was communicated was not just untrue, but that it was meant to deceive the other party. This serves to underscore the importance of honesty and the legal repercussions that follow when falsehoods are intentionally disseminated for gain. Consequently, proving that a false representation was made is crucial for substantiating a claim of fraud.

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That there was a legal duty involved.

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