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Identification of companies
As part of a project that is separate identified approximately 1000 distinct websites offering essay-writing or related services to students in advanced schooling. We analysed the websites to recognize those that indicated they are able to run as ‘legitimate’ businesses and that they are subject to regulation by UK law, having been ‘incorporated’ under the Companies Act 2006 (UK Government 2016b) that they are owned by companies listed at Companies House in the UK, meaning. We analysed 26 sites operated by an overall total of 21 apparently distinct companies; each had separate listings at Companies House. We also analysed a small number of additional sites from Australia while the USA, making a complete of 31 sites. We have not included the identity associated with companies that are specific this publication for the next reasons: 1. We do not wish to further advertise the services of those companies, either through this publication or through any publicity related to it. 2. We have no guarantee that the company number given on these websites is truly that of the business which runs the site. The names are the same but in others this is not the case in some cases. 3. The content of this article is academic opinion and not the foundation for legal proceedings. We have shared, confidentially, the identities for the companies with all the reviewers of this manuscript as well as aided by the UK Quality Assurance Agency who also identified a number of UK-based companies in their report that is recent on mills (QAA 2016).
In July 2016 we accessed the internet sites of these companies to deal with a number of questions (Table 1) which may then let us consider the relevant chapters of the Fraud Act. Questions were addressed by one author (VI) with cross checking by an additional (MD). When it comes to final question “Is the advertising potentially misleading (compared to disclaimer/terms + conditions)?”, the authors considered the advertising to be misleading if it were a student’s own work, without citing the company if it(for example) gave the impression that work purchased from the site could be submitted as.
Shown listed here are questions that individuals asked associated with the websites. We then considered the Fraud Act at length, informed by answers to the relevant questions below.
The Fraud Act
The Act (UK Government 2006) offers up a general offence of fraud, defined through the three methods for committing it, which are (1) by false representation, (2) by failing woefully to disclose information and (3) by abuse of position. Each is dealt with in a separate area of the Act. Additionally, it is an offence, underneath the Act, to dishonestly obtain services and/or to own, make or supply articles for usage in fraud(s).
We are going to consider Section 2 for the act (‘fraud by false representation’) later in this paper but at this point it really is appropriate to briefly address Section 3 for the Act which makes it an offence to neglect to disclose, to some other, information which is why there is certainly a duty that is legal disclose. For example failing to disclose information pertaining to a contract of insurance or a health care provider neglecting to disclose to a hospital that one patients referred by her or him for treatment are private patients, thereby avoiding a payment for the services provided. A legal duty to reveal information can arise due to a contract between two parties or because of the existence of a specific form of professional relationship between them; for example, a relationship that is solicitor/client. With its report on Fraud (Report on a reference under section 3(1 e that is)( associated with the Law Commissions Act 1965 No. 276 Cm 5560 2002) what the law states Commission made the following comments concerning the circumstances for which a legal duty might arise:
“7.28 … Such a duty may are derived from statute (such as the provisions company that is governing), through the undeniable fact that the transaction in question is among the utmost good faith (such as a contract of insurance), from the express or implied regards to a contract, through the custom of a specific trade or market, or through the existence of a fiduciary relationship involving the parties (such as compared to agent and principal).
7.29 For this purpose there is certainly a duty that is legal disclose information not merely if the defendant’s failure to reveal it gives the victim a factor in action for damages, but additionally if the law gives the victim a right to set aside any improvement in his or her legal position to that he or she may consent due to the non- disclosure. For instance, a person in a fiduciary position has a duty to reveal material information when entering into a contract along with his or her beneficiary, in the sense that a deep failing to produce such disclosure will entitle the beneficiary to rescind the contract and also to reclaim any property transferred under it.”
Thus a key real question is whether essay mills owe a legal duty with their customers to reveal information? For instance, whether they are under a legal duty to reveal to customers that if they submit the purchased essay without proper attribution that they’re committing academic fraud.
There’s no obvious legal fiduciary relationship between the assistor and the customer (a fiduciary is someone who has undertaken to behave for or on the part of another in a certain matter in circumstances which bring about a relationship of trust and confidence). Thus the relationship between student customer and essay mills seems to be entirely contractual. In the first instance and so the legal duty from the an element of the company is merely to comply with the conditions and terms for the contract which for the most part are set in the terms and conditions of business drafted by them. These do not routinely place a duty that is legal the business to disclose information on the possible consequences of use by a student as well as in any event as discussed below they routinely warn up against the submitting for the essay without the right attribution.
Section 3b (i) and (ii) associated with the Act carry on to present that an offence is only committed if by failing continually to disclose information the defendant “intended to help make a gain for him or even cause loss to another or expose another to a risk of loss”. A company intends to make a financial gain, i.e. continue in business and there is potential for risk of loss by the student customer by failing to give information that use of the essay through submission at an educational institution may lead to an academic misconduct claim. However essay mills are not usually under a duty that is legal the initial spot to provide this information as well as in fact as discussed below the conditions and terms of business usually specifically address this point through disclaimers in relation to use of the essay (Similarly an offence under section 4 of this Act – abuse of position – is effectively negated).
We look at the position pertaining to advertising employed by essay mills later in this paper – there clearly was a legal duty not to write my paper for me mislead established aside from through the Fraud Act 2006.