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 Higher Education. We analysed the websites to recognize people who indicated they are able to run as ‘legitimate’ businesses and that they are subject help write my essay 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 companies that are apparently distinct each had separate listings at Companies House. We also analysed a number of additional sites from Australia while the USA, making a complete of 31 sites. We now have not included the identity associated with specific companies in this publication for listed here reasons: 1. We try not to 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 clearly that of the company which runs the website. In many cases the names are exactly the same however in others this isn't the situation. 3. The content with this article is academic opinion and not the cornerstone for legal proceedings. We have shared, confidentially, the identities associated with companies using the reviewers with this manuscript as well as aided by the UK Quality Assurance Agency who also identified a number of UK-based companies inside 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 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 below are questions that people asked for the websites. We then considered the Fraud Act at length, informed by answers into the relevant questions below.
The Fraud Act
The Act (UK Government 2006) offers up a general offence of fraud, defined through the three ways of committing it, which are (1) by false representation, (2) by failing continually 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 obtain services dishonestly and/or to obtain, make or supply articles for use in fraud(s).
We will consider Section 2 associated with act (‘fraud by false representation’) later in this paper but at this stage it is appropriate to briefly address Section 3 associated with Act which makes it an offence to are not able to disclose, to a different, information which is why there is a legal duty to disclose. For example failing woefully to disclose information in relation to a contract of insurance or a health care provider failing to disclose to a hospital that certain patients referred by her or him for treatment are private patients, thereby avoiding a charge for the services provided. A legal duty to disclose information can arise due to a contract between two parties or because of the existence of a specific style 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)( for the Law Commissions Act 1965 No. 276 Cm 5560 2002) what the law states Commission made the next comments in regards to the circumstances by which a legal duty might arise:
“7.28 … Such a duty may are based on statute (like the provisions governing company prospectuses), from the undeniable fact that the transaction in question is just one of the utmost good faith (such as for example a contract of insurance), from the express or implied regards to a contract, through the custom of a particular trade or market, or through the existence of a fiduciary relationship involving the parties (such as that of agent and principal).
7.29 for this specific purpose there was a duty that is legal disclose information not merely in the event that defendant’s failure to disclose it provides the victim a cause of action for damages, but also in the event that law provides the victim the right to create aside any change in his / 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 stepping into a contract together with his or her beneficiary, when you look at the sense that a failure to make 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 for their customers to disclose 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 plus the customer (a fiduciary is somebody 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 essay and customer mills seems to be entirely contractual. In the first instance which means legal duty from the part of the company is simply to comply with the terms and conditions of this contract which for the most part are set when you look at the conditions and terms of business drafted by them. These try not to routinely place a duty that is legal the organization to disclose information on the possible consequences of use by a student plus in any event as discussed below they routinely warn from the submitting associated with essay without the right attribution.
Section 3b (i) and (ii) associated with Act go on to give that an offence is just committed if by failing woefully to disclose information the defendant “intended to produce an increase for him or to cause loss to a different 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 plus in fact as discussed below the conditions and terms of business usually specifically address this point through disclaimers in relation to utilization of the essay (Similarly an offence under section 4 regarding the Act – abuse of position – is effectively negated).
We consider the position in relation to advertising utilized by essay mills later in this paper – there clearly was a legal duty not to mislead established aside from through the Fraud Act 2006.