Tort of deceit in the context of "Deception"

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⭐ Core Definition: Tort of deceit

The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them. Specifically, deceit requires that the tortfeasor

  • makes a factual representation,
  • knowing that it is false, or reckless or indifferent about its veracity,
  • intending that another person relies on it,
  • who then acts in reliance on it, to that person's own detriment.

Deceit dates in its modern development from Pasley v. Freeman. Here the defendant said that a third party was creditworthy to the claimant, knowing he was broke. The claimant loaned the third party money and lost it. He sued the defendant successfully.

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👉 Tort of deceit in the context of Deception

Deception is the act of convincing of one or many recipients of untrue information. The person creating the deception knows it to be false while the receiver of the information does not. It is often done for personal gain or advantage.

Deceit and dishonesty can also form grounds for civil litigation in tort, or contract law (where it is known as misrepresentation or fraudulent misrepresentation if deliberate), or give rise to criminal prosecution for fraud.

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