Identification of companies
Included in a separate project we identified approximately 1000 distinct websites offering essay-writing or related services to students in Higher Education. We analysed the sites to determine people who indicated that they’re 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 a total of 21 companies that are apparently distinct each had separate listings at Companies House. We also analysed a few additional sites from Australia in addition to USA, making an overall total of 31 sites. We now have not included the identity of the specific companies in this publication for the following reasons: 1. We do not wish to advertise that is further services of those companies, either through this publication or through any publicity connected with it. 2. We haven’t any guarantee that the company number given on these websites is in fact that of the company which runs your website. In many cases the names are identical however in others this is not the outcome. 3. The content of the article is academic opinion and not the cornerstone for legal proceedings. We have shared, confidentially, the identities for the companies aided by the reviewers with this manuscript and in addition with the UK Quality Assurance Agency who also identified a number of UK-based companies within their recent report on essay mills (QAA 2016).
In 2016 we accessed the websites of those companies to address a series of questions (Table 1) which would then allow us to consider the relevant sections of the Fraud Act july. Questions were addressed by one author (VI) with cross checking by a second (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 (as an example) gave the impression that work purchased from the site could be submitted just as if it were a student’s own work, without citing the company.
Shown here are questions that we asked of this websites. We then considered the Fraud Act at length, informed by answers to your questions below.
The Fraud Act
The Act (UK Government 2006) offers up a general offence of fraud, defined through the 3 means of committing it, which are (1) by false representation, (2) by neglecting to disclose information and (3) by abuse of position. Each is dealt with in a separate element of the Act. It’s also an offence, underneath the Act, to obtain services https://domyhomework.services dishonestly and/or to own, make or supply articles to be used in fraud(s).
We will consider Section 2 regarding the act (‘fraud by false representation’) later in this paper but at this point it really is appropriate to briefly address Section 3 of this Act rendering it an offence to neglect to disclose, to some other, information which is why there was a legal duty to disclose. By way of example failing woefully to disclose information with regards to a contract of insurance or a physician neglecting to disclose to a hospital that certain patients referred for treatment are private patients, thereby avoiding a charge for the services provided by him or her. A legal duty to reveal information can arise as a consequence of a contract between two parties or because of the existence of a particular variety of professional relationship among them; for instance, a solicitor/client relationship. In its report on Fraud (Report on a reference under section 3(1)(e) regarding the Law Commissions Act 1965 No. 276 Cm 5560 2002) the Law Commission made listed here comments concerning the circumstances for which a legal duty might arise:
“7.28 … Such a duty may derive from statute (like the provisions governing company prospectuses), through the proven fact that the transaction under consideration is one of the utmost good faith (such as for instance a contract of insurance), through the express or implied regards to a contract, from the custom of a certain trade or market, or through the existence of a fiduciary relationship between the parties (such as that of agent and principal).
7.29 For this purpose there is a legal duty to disclose information not merely if the defendant’s failure to reveal it provides the victim a factor in action for damages, but additionally if the law gives the victim the right to set aside any change in his / her legal position to which he or she may consent as a result of the non- disclosure. For example, a person in a fiduciary position has a duty to reveal material information when entering into a contract together with or her beneficiary, into the sense that a deep failing to create such disclosure will entitle the beneficiary to rescind the contract also to reclaim any property transferred under it.”
Thus a question that is key whether essay mills owe a legal duty to their customers to reveal information? For instance, if they submit the purchased essay without proper attribution that they are committing academic fraud whether they are under a legal duty to disclose to customers that.
There isn’t any obvious legal relationship that is fiduciary the assistor in addition to customer (a fiduciary is someone who has undertaken to act for or on behalf of another in a certain matter in circumstances which give rise to a relationship of trust and confidence). Thus the connection between student essay and customer mills appears to be entirely contractual. In the first instance and so the legal duty from the an element of the company is actually to conform to the terms and conditions associated with the contract which when it comes to most part are set in the conditions and terms of business drafted by them. These do not routinely place a duty that is legal the company to reveal information on the possible consequences of good use by a student as well as in any event as discussed below they routinely warn from the submitting associated with the essay without the right attribution.
Section 3b (i) and (ii) for the Act carry on to give you that an offence is just committed if by neglecting to disclose information the defendant “intended in order to make an increase for him or even cause loss to some other or expose another to a chance of loss”. By failing woefully to give information which use associated with essay through submission at an educational institution can lead to an academic misconduct claim an organization intends to make a financial gain, i.e. continue in business and there is possibility of chance of loss because of the student customer. However essay mills are not usually under a duty that is legal the initial destination to provide these details plus in fact as discussed underneath 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 regarding the Act – abuse of position – is effectively negated).
We think about the position with regards to advertising employed by essay mills later in this paper – there is a duty that is legal to mislead established other than through the Fraud Act 2006.