Identification of companies
Included in a separate project we identified approximately 1000 distinct websites offering essay-writing or related services to students in advanced schooling. We analysed the websites to recognize those which indicated that they’re owned by companies listed at Companies House in the UK, which means that they are able to run as ‘legitimate’ businesses and that they are at the mercy of 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 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 an overall total of 31 sites. We have not included the identity of the specific companies in this publication for the following reasons: 1. We usually do not desire to further advertise the services of these 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 in fact compared to the company which runs the website. In some cases the names are exactly the same however in others this is simply not the scenario. 3. The content for this article is opinion that is academic not the cornerstone for legal proceedings. We now have shared, confidentially, the identities of this companies aided by the reviewers of this manuscript and in addition with the UK Quality Assurance Agency who also identified a number of UK-based companies inside their report that is recent on 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 (for instance) 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 business.
Shown listed here are questions that people asked regarding the websites. We then considered the Fraud Act at length, informed by answers into the questions below.
The Fraud Act
The Act (UK Government 2006) offers up a offence that is general of, defined through the 3 methods for 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, under the Act, to obtain services dishonestly and/or to obtain, make or supply articles for usage in fraud(s).
We are going to 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 rendering it an offence to are not able to disclose, to a different, information which is why there was a legal duty to disclose. For instance neglecting to disclose information with regards to a contract of insurance or a health care provider 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 reveal information can arise due to a contract between two parties or because of the existence of a specific type of professional relationship among them; for instance, a relationship that is solicitor/client. In its report on Fraud (Report on a reference under section 3(1 e that is)( of this Law Commissions Act 1965 No. 276 Cm 5560 2002) the Law Commission made the following comments about the circumstances by which a legal duty might arise:
“7.28 … Such a duty may are derived from statute (like the provisions company that is governing), through the proven fact that the transaction under consideration is amongst the utmost good faith (such as for instance a contract of insurance), through the express or implied terms of a contract, from the custom of a particular trade or market, or from the existence of a fiduciary relationship between the parties (such as that of agent and principal).
7.29 For this purpose there clearly was a duty that is legal disclose information not just if the defendant’s failure to disclose it gives the victim a factor in action for damages, but in addition in the event that law provides the victim the right to create aside any improvement in his / her legal position to that he or she may consent because of the non- disclosure. As an example, a person in a position that is fiduciary a duty to disclose material information when stepping into a contract together with his or her beneficiary, into the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it.”
Thus a key real question is whether essay mills owe a legal duty with their customers to disclose information? For instance, if they are under a legal duty to disclose to customers that if they submit the purchased essay without proper attribution they are committing academic fraud.
There’s absolutely no obvious legal relationship that is fiduciary the assistor together with customer (a fiduciary is anyone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence). Thus the partnership between student customer and essay mills seems to be entirely contractual. In the beginning therefore the legal duty regarding the the main company is simply to adhere to the conditions and terms for the contract which when it comes to most part are set in the terms and conditions of business drafted by them. These usually do not routinely place a duty that is legal the business to reveal information on the possible consequences of good use by a student and in any event as discussed below they routinely warn against the submitting associated with essay without the right attribution.
Section 3b (i) and (ii) for the Act carry on to provide that an offence is only committed if by failing woefully to disclose information the defendant “intended which will make a gain for him or even cause loss to a different or expose another to a chance of loss”. By failing woefully to give information which use of the essay through submission at an educational institution can result in an academic misconduct claim a business promises to make a financial gain, i.e. continue running a business and there is potential for chance of loss because of the student customer. However write my essay essay mills are not usually under a legal duty in the very first spot to provide these records plus in fact as discussed below the terms and conditions of business usually specifically address this point through disclaimers in relation to utilization of the essay (Similarly an offence under section 4 of this Act – abuse of position – is effectively negated).
We think about the position in terms of advertising used by essay mills later in this paper – there is a duty that is legal to mislead established other than through the Fraud Act 2006.