473C. Meaning of “prejudice” and “induce”
Feedback & supportFor the purposes of section 473B and subject to subsections (2) and (4), an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs, will —
result in his permanent or temporary loss of property;
result in his being deprived of an opportunity to earn remuneration or greater remuneration;
result in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration;
result in somebody being given an opportunity to earn remuneration or greater remuneration from him;
result in somebody being given an opportunity to gain a financial advantage from him otherwise than by way of remuneration; or
be the result of his having accepted a false instrument as genuine in connection with his performance of any duty.
For the purpose of this section, an act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded.
The reference in section 473B to inducing a person (B) to accept a false instrument as genuine includes a reference to inducing a machine to respond to an instrument as if it were a genuine instrument.
Where subsection (3) applies, the act or omission intended to be induced by the machine responding to the instrument shall be treated as an act or omission to a person’s prejudice.
In subsection (1)(a), “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.