Contract Law - The Ghosh Test

What this page is about: An essay about the ghosh test which students on the LLB may find useful.

Where dishonesty is discussed in statute, it's only negatively defined.  Section 2(1) Theft Act 19681 gives the three situations in which a defendant isn't dishonest in appropriating property.  

Where none of these situations apply, dishonesty is governed by the Court of Appeal’s decision in R v Ghosh 1982 QB 20532, referred to as “the Ghosh Test”.  The test comprises two questions for the Jury.  The first is objective; was the conduct dishonest according to the ordinary standards of reasonable and honest people?  [R v Feely 1973 QB 5303.  If no, the defendant isn't guilty.  If yes, the second subjective question is asked; did the defendant realise that others would find his conduct dishonest?  This is a question of fact.  If yes, the defendant is guilty; if no, he isn't [Unit 28 p.31]4. 

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