D Is a Regular Customer of a Garage

Multiple Choice

D is a regular customer of a garage. He dishonestly obtains the agreement of the garage owner to defer payment for his petrol by stating that he has been made redundant but will be starting a new job in a month's time. In fact, D intends never to pay. Which of the following does not apply:

A) D commits an offence under s11 Fraud Act 2006.
B) D commits an offence under s3 Theft Act 1978.
C) D does not commit an offence under s3 TA 1978 because the agreement precludes an expectation that payment on the spot will be made for the petrol.
D) D commits an offence under s2 Fraud Act.