Identification of companies
As part of 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 they are owned by companies listed at Companies House when you look at the UK, which means that they can run as ‘legitimate’ businesses and 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 an overall total of 21 companies that are apparently distinct each had separate listings at Companies House. We also analysed a few additional sites from Australia together with USA, making a complete of 31 sites. We have not included the identity for the specific companies in this publication for listed here reasons: 1. We try not to need to further advertise the services of the companies, either through this publication or through any publicity associated with it. 2. We haven’t any guarantee that the company number given on these websites is obviously that of the business which runs the website. In many cases the names are exactly the same however in others this isn’t the truth. 3. The content of this article is opinion that is academic not the cornerstone for legal proceedings. We now have shared, confidentially, the identities of this companies with the reviewers of the manuscript as well as aided by the UK Quality Assurance Agency who also identified a number of UK-based companies within their report that is recent on mills (QAA 2016).
In July 2016 we accessed the websites of these companies to address a few questions (Table 1) which would then let us look at the relevant chapters of the Fraud Act. Questions were addressed by one author (VI) with cross checking by an additional (MD). For the 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 as if it were a student’s own work, without citing the company.
Shown listed here are questions that people asked buy an essay for the 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 three ways of committing it, which are (1) by false representation, (2) by failing to disclose information and (3) by abuse of position. Each is dealt with in a separate element of the Act. Additionally it is an offence, underneath the Act, to dishonestly obtain services and/or to own, make or supply articles for usage in fraud(s).
We’re going to 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 of the Act which makes it an offence to neglect to disclose, to another, information which is why there is a duty that is legal disclose. For example neglecting to disclose information with regards to a contract of insurance or a doctor failing continually to disclose to a hospital that one patients referred by him or her for treatment are private patients, thereby avoiding a fee for the services provided. A legal duty to reveal information can arise as a result of a contract between two parties or due to the existence of a specific type of professional relationship among them; for example, a relationship that is solicitor/client. 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) what the law states Commission made the following comments in regards to the circumstances in 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 at issue is one of the utmost good faith (such as for example a contract of insurance), through the express or implied regards to a contract, from the custom of a particular trade or market, or from the existence of a fiduciary relationship between your parties (such as that of agent and principal).
7.29 For this purpose there is certainly a legal duty to disclose information not only if the defendant’s failure to reveal it offers the victim a cause of action for damages, but also if the law gives the victim the right to create aside any change in his or her legal position to which he or she may consent due to the non- disclosure. As an example, an individual in a fiduciary position has a duty to disclose material information when getting into a contract together with or her beneficiary, within the sense that a failure 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 for 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 is no obvious legal fiduciary relationship between the assistor therefore the customer (a fiduciary is somebody who has undertaken to act for or with respect to another in a particular matter in circumstances which give rise to a relationship of trust and confidence). Thus the relationship between student essay and customer mills appears to be entirely contractual. In the beginning which means legal duty in the the main company is probably to conform to the terms and conditions regarding the contract which for the most part are set within the terms and conditions of business drafted by them. These do not routinely place a legal duty on the company to disclose details about the possible consequences of use by a student plus in any event as discussed below they routinely warn against the submitting for the essay without proper attribution.
Section 3b (i) and (ii) of the Act go on to present that an offence is only committed if by neglecting to disclose information the defendant “intended to create a gain for him or even to cause loss to another 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 first place to provide these details as well as 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 for the Act – abuse of position – is effectively negated).
We look at the position with regards to 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.