The judgment by the essay mills can be tested on ordinary standards of reasonable according to R v Ghosh’s 1982 definition of reasonable and honest[1]. Prooving dishonesty has been an issue in most courts. The dishonesty test from the recent decision provided in Ivey v Genting Casinos [2017] UKSC 67 has been used to prove dishonesty in fraud cases. In essay mills, proving dishonest can be conducted through the R V. Gosh concept to determine students’ fault in purchasing essays from essay mills. The Gosh tests provide whether, according to reasonable and honest people, the action was dishonest. Making decisions concerning dishonesty has been challenging, where courts have been making bias judgments to balance between the objective test and the subjective knowledge of both the essay mills and the student. The Gosh test is applied in determining whether the essay mills are genuine in selling assignements to students or the main objective is solicit or steal from
students.
[1] R v Ghosh 1982
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The judgment of the essay mills can be examined against common norms of reasonableness, as defined by R. V. Ghosh in 1982 in his definition of reasonableness and honesty[1]. In most courts, proving dishonesty has been a difficult task. The dishonesty test from the recent decision in Ivey v Genting Casinos [2017] UKSC 67 has been applied to fraud cases in order to establish dishonesty on the part of the defendant. Essay mills can use the R V. Gosh notion to prove dishonesty, which can then be used to establish whether or not students were at fault for purchasing essays from essay mills. The Gosh criteria determine whether an activity was dishonest in the eyes of reasonable and honest individuals. Making conclusions about dishonesty has proven to be difficult, with courts having to make bias assessments in order to strike a balance between the objective test and the subjective knowledge of both the essay mills and the student in some instances. The Gosh test is used to determine whether essay mills are legitimate in their efforts to sell assignments to students or if their primary goal is to solicit or steal from students.
[1] R. V. Ghosh v. Union of India, 1982