Food fraud. İntroduction. Food safety Food fraud Food fraud impact on food industry

Food safety
Food fraud
Food fraud impact on food industry

1. Food fraud. İntroduction. Food safety Food fraud Food fraud impact on food industry

2. WEEK 1 FRAUD - A LEGAL FRAME WORK In law fraud is defined as a deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud itself can be a civil wrong (i.e., a fraud victim may sue the fraud perpetrator to avoid the fraud and/or recover monetary compensation), a criminal wrong (i.e., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities) or it may cause no loss of money, property or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other

3. FRAUD- A LEGAL FRAME WORK (Con’t) benefits, such as obtaining a driver's license or qualifying for a mortgage by way of false statements. A hoax is a distinct concept that involves deliberate deception without the intent to gain or of materially damaging or depriving a victim.

4. AS A CIVIL WRONG In common law jurisdictions, as a civil wrong, fraud is referred to as a tort . While the precise definitions and requirements of proof vary among jurisdictions, the requisite elements of fraud as a tort generally are the intentional misrepresentation or concealment of an important fact upon which the victim is meant to rely, and in fact does rely, to the harm of the victim.

5. Proving fraud in a court of law is often said to be difficult. That difficulty is found, for instance, in that each and every one of the elements of fraud must be proven, that the elements include proving the states of mind of the perpetrator and the victim, and that some jurisdictions require the victim to prove fraud with so-called clear and convincing evidence.

6. AS A CRIMINAL OFFENCE In common law jurisdictions, as a criminal offence, fraud takes many different forms, some general (e.g., theft by false pretence) and some specific to particular categories of victims or misconduct (e.g. forgery , falsification, alterations etc). The elements of fraud as a crime similarly vary. The requisite elements of perhaps most general form of criminal fraud, theft by false

7. pretence, are the intentional deception of a victim by false representation or pretence with the intent of persuading the victim to part with property and with the victim parting with property in reliance on the representation or pretence and with the perpetrator intending to keep the property from the victim.

8. IN NON-COMMON LAW SYSTEMS In civil law systems and other legal systems, the concept of fraud seems to exist, but its elements and applications may or may not vary substantially from the common law system concepts discussed in this article.

9. REMEDIES OF FRAUD LEGAL ASPECT Rescission (i.e., reversal) of a fraudulently obtained agreement or transaction, The recovery of a monetary award to compensate for the harm caused, Punitive damages to punish or deter the misconduct, and possibly others. In cases of a fraudulently induced contract, fraud may serve as a defence in a civil action for breach of contract or specific performance of contract . Fraud may serve as a basis for a court to invoke its equitable jurisdiction .