deceit


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Deceit

A Misrepresentation made with the express intention of defrauding someone, which subsequently causes injury to that person.

In order for a statement to be deceit, it must be untrue, made with knowledge of its falsity, or made in reckless disregard of the truth. The misrepresentation must be such that it causes harm to another individual.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

deceit

n. dishonesty, fraudulent conduct, false statements made knowing them to be untrue, by which the liar intends to deceive a party receiving the statements and expects the party to believe and rely on them. This is a civil wrong (tort) giving rise to the right of a person reasonably relying on such dishonesty to the point of his/her injury to sue the deceiver. (See: fraud, misrepresentation)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

deceit

the tort of making a fraudulent statement committed where the defendant knowingly or recklessly makes a false representation intending that the plaintiff should act upon it where the plaintiff does act and to his detriment. In Scotland similar facts would be litigated as the delict fraud.
Collins Dictionary of Law © W.J. Stewart, 2006

DECEIT, tort. A fraudulent. misrepresentation or contrivance, by which one man deceives another, who has no means of detecting the fraud, to the injury and damage of the latter.
     2. Fraud, or the intention to deceive, is the very essence of this injury, for if the party misrepresenting was himself mistaken, no blame can attach to him. The representation must be made malo animo, but whether or not the party is himself to gain by it, is wholly immaterial.
     3. Deceit may not only be by asserting a falsehood deliberately to the injury of another as, that Paul is in flourishing circumstances, whereas he is in truth insolvent; that Peter is an honest man, when he knew him to be a, rogue; that property, real or personal, possesses certain qualities, or belongs to the vendor, whereas he knew these things to be false; but by any act or demeanor which would naturally impress the mind of a careful man with a mistaken belief.
     4. Therefore, if one whose manufactures are of a superior quality, distinguishes them by a particular mark, which facts are known to Peter, and Paul counterfeits this work, and affixes them to articles of the same description, but not made by such person, and sells them to Peter as goods of such manufacture, this is a deceit.
     5. Again, the vendor having a knowledge of a defect in a commodity which cannot be obvious to the buyer, does not disclose it, or, if apparent, uses an artifice and conceals it, he has been guilty of a fraudulent misrepresentation for there is an implied condition in every contract that the parties to it act upon equal terms, and the seller is presumed to have assured or represented to the vendee that he is not aware of any secret deficiencies by which the commodity is impaired, and that he has no advantage which himself does not possess.
     6. But in all these cases the party injured must have no means of detecting the fraud, for if he has such means his ignorance will not avail him in that case he becomes the willing dupe of the other's artifice, and volenti non fit injuria. For example, if a horse is sold wanting an eye, and the defect is visible to a common observer, the purchaser cannot be said to be deceived, for by inspection he might discover it, but if the blindness is only discoverable by one experienced in such diseases, and the vendee is an inexperienced person, it is a deceit, provided the seller knew of the defect.
     7. The remedy for a deceit, unless the right of action has been suspended or discharged, is by an action of trespass on the case. The old writ of deceit was brought for acknowledging a fine, or the like, in another name, and this being a perversion of law to an evil purpose, and a high contempt, the act was laid contra pacem, and a fine imposed upon the offender. See Bro. Abr. Disceit; Vin Abr. Disceit.
     8. When two or more persons unite in a deceit upon another, they may be indicted for a conspiracy. (q.v.) Vide, generally, 2 Bouv. Inst. n. 2321- 29; Skin. 119; Sid. 375; 3 T. R. 52-65; 1 Lev. 247; 1 Strange, 583; D Roll. Abr. 106; 7 Barr, Rep. 296; 11 Serg. & R. 309, 310; Com. Dig. Action upon the case for a deceit; Chancery, 3 F 1 and 2; 3 M 1; 3 N 1; 4 D 3; 4 H 4; 4 L 1; 4 O 2; Covin; Justices of the Peace, B 30; Pleader, 2 H; 1 Vin. Ab. 560; 8 Vin. Ab. 490; Doct. Pl. 51; Dane's Ab. Index, h.t.; 1 Chit. Pr. 832 Ham. N. P. c. 2, s. 4; Ayl. Pand. 99 2 Day, 531; 12 Mass. 20; 3 Johns. 269; 6 Johns. 181; 2 Day, 205, 381; 4 Yeates, 522; 18 John. 395: 8 John. 23; 4 Bibb, 91; 1 N. & M. 197. Vide, also, articles Equality; Fraud; Lie.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Justice Khosa said the main problem in the country was of lying and deceit. 'Everyone is deceitful in this country,' remarked the CJP, wondering if the educated ones were deceitful, what would the illiterate do?
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Understanding lying and deceit provides an insight into human nature.
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'The United States has foolishly given Pakistan more than 33 billion dollars in aid over the last 15 years, and they have given us nothing but lies and deceit, thinking of our leaders as fools,' Trump had tweeted at the start of this year.
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PRESIDENT Donald Trump has accused Pakistan of deceit and lies.
BEIJING -- China on Tuesday defended Pakistan after US President Donald Trump threatened to cut aid to Pakistan after accusing the country of giving nothing in return except for "lies and deceit".
ISLAMABAD -- Strong reaction poured on social media after US President Donald Trump, in his first tweet of the new year bashed Pakistan, saying the country had given the US nothing but "lies and deceit."
I AGREE that if any good reasons can be provided for reducing the legal voting age, be it to 16, 15, 14 or earlier, then let the good reasons be specified...without politicians succumbing to deceit in the expectation that their potential electorate can be substantially increased without any effort.