Fraud: Understanding the Essential Elements

Essential Elements of Fraud

Question

The essential elements of a ________ are an actual or constructive taking away of the goods or property of another with the without the consent and against the will of the owner and with a felonious intent.

Answers

Explanations

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A. B. C. D.

A

The correct answer to the question is A. Larceny.

Larceny is a type of theft that involves the taking of property without the owner's consent. The essential elements of larceny are:

  1. Taking away: The offender must take the property away from the owner's possession. This can be either actual or constructive. Actual taking means physically moving the property, while constructive taking means gaining control of the property without physically taking it, such as by trickery or fraud.

  2. Property of another: The property must belong to someone other than the offender.

  3. Without consent: The offender must take the property without the owner's consent or permission.

  4. Against the will: The taking must be against the will of the owner, meaning that the owner did not intend or expect the property to be taken.

  5. Felonious intent: The offender must have the intent to permanently deprive the owner of the property, with the knowledge that the taking is wrongful.

Abuse and Fiduciary are not correct answers as they do not fit the elements of larceny. Abuse is a general term that refers to mistreatment, while fiduciary relates to a person who holds a position of trust and has a legal obligation to act in the best interests of another party.