The tort of deceit


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes
In-house

The tort of deceit


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
In-house
imgtext

Deceit claim—what is it?

A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.

The tort of deceit is distinct from, though shares many similarities with, a claim in misrepresentation, see: Deceit or a misrepresentation claim? below.

Illustration—Connolly v Bellway Homes—property transaction

In Connolly v Bellway Homes, the seller of development land was able to obtain damages from the buyer on the basis that it relied upon a statement by the buyer about the value per square foot of development land. The figure suggested by the buyer was used as the base figure in a formula designed to provide the seller with a share of the increase in value of the site. The buyer's representative adopted a figure of £210 per square foot in the negotiations, giving the impression that this was comparable to other developments. Negotiations continued in reliance on this representation and a base figure of £212 was agreed. The court accepted evidence that £183 would have been appropriate. Because the figure

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Tort of deceit definition
What does Tort of deceit mean?

Liability for the tort of deceit relies upon proof that a fraudulent misrepresentation had been made to the claimant, inducing detrimental reliance.

Read more

Popular documents

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:•Practice Note: Tortious

Rescission of a contract

Rescission of a contractThis Practice Note considers the remedy of rescission, summarising when and how a contract may be rescinded (at common law, equity and under statute) and thereby brought to an end. It includes the effect of rescission, the main grounds for rescinding a contract

Void contracts

Void contractsThis Practice Note summarises the circumstances in which a contract may be declared void and the consequences when that happens. It distinguishes between void, voidable and unenforceable contracts and considers when a contract may be void due to: common mistake, unilateral mistake as

What is a tort?

What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it