Identification of companies
As part of a project that is separate identified approximately 1000 distinct websites offering essay-writing or paper writing service related services to students in advanced schooling. We analysed the websites to determine people who indicated that they’re owned by companies listed at Companies House when you look at the UK, which means that they are able to run as ‘legitimate’ businesses and they are subject to regulation by UK law, having been ‘incorporated’ under the Companies Act 2006 (UK Government 2016b). We analysed 26 sites operated by a complete of 21 apparently distinct companies; each had separate listings at Companies House. We also analysed a small number of additional sites from Australia and the USA, making a complete of 31 sites. We have not included the identity of the specific companies in this publication for listed here reasons: 1. We usually do not need to advertise that is further services of these companies, either through this publication or through any publicity associated with it. 2. We haven’t any guarantee that the ongoing company number given on these websites is truly that of the business which runs your website. The names are the same but in others this is not the case in some cases. 3. The content of the article is opinion that is academic not the foundation for legal proceedings. We have shared, confidentially, the identities of the companies with all the reviewers for this manuscript and in addition utilizing 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 those sites of the companies to deal with a few questions (Table 1) which may then let us think about the relevant sections 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 (for instance) gave the impression that work purchased from the site could be submitted as if it were a student’s own work, without citing the organization.
Shown here are questions that people asked for the websites. We then considered the Fraud Act in more detail, informed by answers to your relevant questions below.
The Fraud Act
The Act (UK Government 2006) provides for a offence that is general of, defined through the 3 ways 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 section that is separate of Act. It’s also an offence, underneath the Act, to dishonestly obtain services and/or to possess, make or supply articles for usage in fraud(s).
We will consider Section 2 of the act (‘fraud by false representation’) later in this paper but at this time it really is appropriate to briefly address Section 3 associated with Act which makes it an offence to fail to disclose, to another, information for which there clearly was a duty that is legal disclose. By way of example failing continually to disclose information in relation to a contract of insurance or a doctor failing woefully to disclose to a hospital that one patients referred for treatment are private patients, thereby avoiding a charge for the services provided by him or her. A legal duty to disclose information can arise because of a contract between two parties or because of the existence of a certain style of professional relationship between them; for instance, a relationship that is solicitor/client. In its report on Fraud (Report on a reference under section 3(1)(e) of this Law Commissions Act 1965 No. 276 Cm 5560 2002) what the law states Commission made the next comments about the circumstances in which a legal duty might arise:
“7.28 … Such a duty may are derived from statute (like the provisions governing company prospectuses), from the proven fact that the transaction in question is amongst the utmost good faith (such as for example a contract of insurance), from the express or implied regards to a contract, from the custom of a particular trade or market, or through the existence of a fiduciary relationship between your parties (such as compared to agent and principal).
7.29 for this specific purpose there clearly was a legal duty to disclose information not only in the event that defendant’s failure to disclose it offers the victim a cause of action for damages, but in addition in the event that law provides the victim the right to create aside any change in his or her legal position to that he or she may consent because of the non- disclosure. For example, an individual in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to produce such disclosure will entitle the beneficiary to rescind the contract and 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? As an example, 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’s no obvious legal fiduciary relationship between the assistor and the customer (a fiduciary is anyone who has undertaken to do something for or with respect to another in a specific matter in circumstances which give rise to a relationship of trust and confidence). Thus the partnership between student essay and customer mills appears to be entirely contractual. In the first instance and so the legal duty on the part of the company is just to comply with the terms and conditions of the contract which when it comes to 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 reveal information on the possible consequences of use by a student as well as in any event as discussed below they routinely warn from the submitting of the essay without proper attribution.
Section 3b (i) and (ii) associated with the Act go on to offer that an offence is just committed if by neglecting to disclose information the defendant “intended to help make a gain for him or to cause loss to another or expose another to a chance 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 location to provide these records plus in fact as discussed underneath the terms and conditions of business usually specifically address this point through disclaimers with regards to utilization of the essay (Similarly an offence under section 4 associated with Act – abuse of position – is effectively negated).
We think about the position pertaining to advertising employed by essay mills later in this paper – there is a duty that is legal to mislead established except that through the Fraud Act 2006.