PROPERTY OF
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TAKE YOUR PICK (OPTION A or B)
OPTION A
QUESTION 1
Can the person who cloned Karabo’s bank card and withdrew money be charged with fraud?
ANSWER:
Karabo has approached you for legal advice after discovering that an unknown person cloned his
bank card and withdrew money from his bank account. He wants to know whether this person,
once identified and arrested, can be charged with the crime of fraud. This situation touches on key
legal questions concerning the definition of fraud, the legal recognition of misrepresentation made
to machines or computer systems, and how cybercrimes are dealt with under South African law
before and after the enactment of the Cybercrimes Act 19 of 2020.
OPTION
In addressing Karabo’s question, we must B following:
consider the
QUESTION
Definition 1of Fraud in South African Law
Advising Karabo: Legal Implications of Card Cloning and Fraud in South African Law
Fraud is a common law crime in South Africa and is defined as the unlawful and intentional
ANSWER:
making of a misrepresentation which causes actual or potential prejudice to another
person
Karabo has approached for legal advice after discovering that an unknown individual cloned his
bank card and withdrew an undisclosed amount from his bank account. He wants to know whether,
once the perpetrator is identified, that individual can be charged with fraud. This matter raises
important questions of criminal liability, particularly concerning the legal definition of fraud, the
possibility of misrepresentation to a non-human recipient (i.e., a computer terminal), and
alternative charges that may be applicable in the circumstances. It also requires consideration of
both the common law and statutory developments, particularly the Cybercrimes Act 19 of 2020.
Definition of Fraud
Disclaimer:
Under South African common law, fraud is defined as the unlawful and intentional
The materials provided are intended for educational and informational purposes only. They
making of a misrepresentation that causes actual or potential prejudice to another. Three
should not be submitted as original work or used in violation of any academic institution's
policies.essential
The buyerelements must be present:
is solely responsible for howathe
misrepresentation,
materials are used.unlawfulness, and prejudice
(actual or potential). The misrepresentation may be in the form of a lie, false
documentation, or any conduct designed to deceive another party. Notably, prejudice
VarsityTimes
For more assistance and exclusive, unique assignments, contact us on Telegram:
https://t.me/varsity_times
TAKE YOUR PICK (OPTION A or B)
OPTION A
QUESTION 1
Can the person who cloned Karabo’s bank card and withdrew money be charged with fraud?
ANSWER:
Karabo has approached you for legal advice after discovering that an unknown person cloned his
bank card and withdrew money from his bank account. He wants to know whether this person,
once identified and arrested, can be charged with the crime of fraud. This situation touches on key
legal questions concerning the definition of fraud, the legal recognition of misrepresentation made
to machines or computer systems, and how cybercrimes are dealt with under South African law
before and after the enactment of the Cybercrimes Act 19 of 2020.
OPTION
In addressing Karabo’s question, we must B following:
consider the
QUESTION
Definition 1of Fraud in South African Law
Advising Karabo: Legal Implications of Card Cloning and Fraud in South African Law
Fraud is a common law crime in South Africa and is defined as the unlawful and intentional
ANSWER:
making of a misrepresentation which causes actual or potential prejudice to another
person
Karabo has approached for legal advice after discovering that an unknown individual cloned his
bank card and withdrew an undisclosed amount from his bank account. He wants to know whether,
once the perpetrator is identified, that individual can be charged with fraud. This matter raises
important questions of criminal liability, particularly concerning the legal definition of fraud, the
possibility of misrepresentation to a non-human recipient (i.e., a computer terminal), and
alternative charges that may be applicable in the circumstances. It also requires consideration of
both the common law and statutory developments, particularly the Cybercrimes Act 19 of 2020.
Definition of Fraud
Disclaimer:
Under South African common law, fraud is defined as the unlawful and intentional
The materials provided are intended for educational and informational purposes only. They
making of a misrepresentation that causes actual or potential prejudice to another. Three
should not be submitted as original work or used in violation of any academic institution's
policies.essential
The buyerelements must be present:
is solely responsible for howathe
misrepresentation,
materials are used.unlawfulness, and prejudice
(actual or potential). The misrepresentation may be in the form of a lie, false
documentation, or any conduct designed to deceive another party. Notably, prejudice
