Friday, October 26, 2012

MBE Fast Fact: False Pretenses

False pretenses requires a false representation of a material present or past fact that causes the person to whom the representation is made to pass title to his property to the misrepresenter who knows that his representation is false, and intends to defraud. The most heavily tested element here is the element requiring that title is passed. If all other requirements are satisfied, but possession rather than title is passed, the crime is larceny-by-trick. But if title is passed, the crime is false pretenses.

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