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Encyclopedia > False pretenses

False pretenses is a common law crime. It consists of (1) obtaining title (2) to personal property of another (3) by an intentional false statement of past or existing fact (4) with intent to defraud the other.


Note that it is essential that the victim of the false pretenses must actually be deceived by the misrepresentation, and the fact that the victim is deceived must be a major (if not the only) factor of the victim granting title to the defendant. Simply making a false promise or statement is not sufficient.


False pretenses is distinguishable from larceny by trick in that larceny by trick simply uses a deception to deprive the owner of possession, not title.


  Results from FactBites:
 
False Pretenses Lawyers & Legal Information (593 words)
False pretenses, or more properly called "obtaining property by false pretenses," is a crime where someone lies or makes misrepresentations in order to obtain someone else's property.
Note that it is essential that the victim of the false pretense must actually be deceived by the misrepresentation, and the deception must be a major (if not the only) factor of the victim granting title to the lying party.
This crime is identical to the crime of false pretenses except that the actual title of the property is never transfered; the perpetrator is simply stealing it.
False pretenses - Wikipedia, the free encyclopedia (1236 words)
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 scope of the offence was enlarged to include practically all false pretences by the act of 1756, the provisions of which were embodied in the Larceny Act 1861.
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