False Pretences

The Raven.

Could someone please shed some light on the term ‘False pretences’? I know the definition but I am curious about the actual term, especially as it is a legal one?

False: not true.
Pretence: the act of giving a false appearance.

Is this not a double negative? If the pretence is false (not true), then there is no crime.

FlutterinBantam

The Raven. wrote: »

Could someone please shed some light on the term ‘False pretences’? I know the definition but I am curious about the actual term, especially as it is a legal one?

False: not true.
Pretence: the act of giving a false appearance.

Is this not a double negative? If the pretence is false (not true), then there is no crime.

Hmm They way I see it is that pretence does not always imply false appearance.

One might say a person was very "pretentious" ie full of his/r own importance,which may be sincere or more often not.

hence one might say s/he got something by false pretenses

The Raven.

Thanks FB. That’s an interesting point of view. It definitely has to do with the definition of the term ‘pretence’ (UK English spelling).

I had another look at the legal definition of the term, ‘false pretences’ and it relates to the acquisition of property by deceit. It is still an offense in the USA (spelt ‘false pretenses’), but in England it is now replaced by the Fraud Act 2006. I had assumed that it covered a wider spectrum of crimes.

An earlier 14th century definition of the term ’pretend’ from the French ‘pretendre’, meaning to ‘lay claim’ (as in the various royal ‘pretenders’), would seem to make more sense rather than the modern definition.

Hence: False pretences: falsely laying claim.

FlutterinBantam

Indeed, your last paragraph and summation would appear to be the best explanation of the term.