The tort of deceit


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes
In-house

The tort of deceit


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
In-house
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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

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United Kingdom
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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.

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