The breach of a contractual obligation does not fall within the scope of the Theft Act 1968. In R v Hall (1973) the defendant was a travel agent who took monies from clients to book flights to the United States. The business subsequently collapsed prior to the defendant booking the flight and the monies that were deposited into the agency’s account were lost. The defendant was subsequently charged and convicted of theft and the defendant appealed on the grounds that there was no appropriation of funds belonging to another as per the Theft Act (1968)
The conviction was quashed and it was decided that the matter did not fall within the scope of the Theft Act (1968) and while the agent could be liable for a breach of contract he was no liable for theft.
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