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.

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)

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.

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.

References in periodicals archive ?
After days of issuing brief statements denying wrongdoing, Crown circulated a letter signed by its board late on Wednesday, accusing the papers of waging a "deceitful campaign" that had unfairly attempted to damage its reputation.
'Everyone is deceitful in this country,' remarked the CJP, wondering if the educated ones were deceitful, what would the illiterate do?
Liu's remark was later blasted by the MAC for being 'extremely ridiculous and deceitful' via a statement released the next day.
"I think to describe officers as disgraceful and deceitful is, I think, something that is wrong, likely to put the council into disrepute and is disrespectful to the relevant officers," lawyer Stephen Pearson told the council's Standards Committee Hearing Panel.
"To describe officers as disgraceful and deceitful is, I think, something that is wrong, likely to put the council into disrepute and is disrespectful to the relevant officers," the county council's standards Committee Hearing Panel was told by Stephen Pearson, a lawyer appointed by the council to investigate the complaint.
DECEITFUL charlatan Boris Johnson is a deflating Tory windbag.
The criminal, corrupt, thievish, deceitful power of bloodsuckers in Armenia has completely collapsed, said Azerbaijan's President Ilham Aliyev.
The said provisions mandate a lawyer to "not engage in unlawful, dishonest, immoral or deceitful conduct' and 'not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.'
The lawmaker said that the Iranian people know very well that the Zionist prime minister, by taking such deceitful approaches, is looking for starting a psychological war.
Prime Minister Hun Sen on Wednesday slammed the Funcinpec party's promise to pay off the personal debts of Cambodians if it won the July 29 national elections as 'deceitful'.
It was a deceitful act by the organisers," angry participants told reporters.
It was a deceitful act by the organisers,' angry participants told reporters.