In Paying for a Taxi-Fare, V, Who Understands Little English

question 4

Multiple Choice

In paying for a taxi-fare, V, who understands little English, holds out his wallet so that D may take the fare. D takes four times the true amount which V assumes is correct. Which of the following is a correct statement of the law:

• A) S1(1) is silent on the question of consent and this therefore relieves the prosecution of the burden of proving that an appropriation was without the owner's consent. The consent of V here would not prevent D's acts from amounting to an appropriation.
• B) An appropriation involves not an act by consent but an act which is by way of adverse interference with the owner's rights. Therefore, there is no appropriation here.
• C) The only time one can appropriate with the consent of the owner is when consent has been obtained by false representation. Therefore, D has appropriated.
• D) D's only offence is one of fraud not theft because he has tricked V into handing over the money.

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