Deceit

Deceit in United States

Deceit Definition

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. It requires (1) a false representation; (2) inability of the person damaged to prevent the fraud; (3) resultant damage. Deceit is a type of fraud (Bigelow, Frauds, § 1) ; fraud being the generic term, and deceit being active fraud by misrepresentation, or other positive contrivance.

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Legal Issue for Attorneys

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. It requires (1) a false representation; (2) inability of the person damaged to prevent the fraud; (3) resultant damage. Deceit is a type of fraud (Bigelow, Frauds, § 1) ; fraud being the generic term, and deceit being active fraud by misrepresentation, or other positive contrivance.

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Notice

This definition of Deceit Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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See Also

  • Legal Topics.
  • Further Reading (Articles)

    Research and Markets Offers Report: Deceit: The Lie of the Law, Manufacturing Close-Up; January 23, 2011

    Deceit and the Classificatiion of Crimes: Federal Rule of Evidence 609(A)(2) and the Origins of the Crimen Falsi, Journal of Criminal Law and Criminology; June 22, 2000; Green, Stuart P.

    Doctrine of Deceit, Call and Post (Cincinnati); July 14, 1994; John B. Williams

    Deceit, New Catholic Encyclopedia; January 1, 2003; PARMISANO, S. F.

    Three Cups of Deceit: Bestselling Author Jon Krakauer Exposes the Fraud and Fabrications of Three Cups of Tea Author Greg Mortenson, in a Byliner Original to be Published Today., Bioterrorism Week; May 2, 2011

    MormonTimes.com: The gospel in words &#151 ‘deceit’, Deseret News (Salt Lake City); September 18, 2008; Joseph A. Cannon Deseret News

    Suspicious minds; Deceit and self-deception.(Conning and connecting)(The Folly of Fools: The Logic of Deceit and Self-Deception in Human Life)(Book review), The Economist (US); November 5, 2011

    How the Popes Fought Modernity With ‘Structures of Deceit’: A Catholic Writer Attacks the Papacy; Papal Sin; Structures of Deceit, Forward; July 21, 2000; Nadler, Allan

    DON’T BE FOOLED – ‘DECEIT’ ISN’T ALL THAT GREAT.(U), Daily News (Los Angeles, CA); January 20, 2006

    A Friendly Deceit: Short Stories. (book reviews), Studies in Short Fiction; June 22, 1993; Cummins, Walter

    Deceit in A Licensing Agreement, Mondaq Business Briefing; February 22, 2014; Stobbe, Richard

    Nuclear Deceit, The Washington Post; November 10, 2002; Jim Hoagland

    Sleaze Did for the Tories,deceit Will Finish off the This Lot, The Mail on Sunday (London, England); January 7, 2001

    DR. LOUIS HAMPERS INDICTED BY FEDERAL GRAND JURY ON CHARGES OF CONSPIRACY, OBTAINING CONTROLLED SUBSTANCE BY FRAUD, DECEIT, US Fed News Service, Including US State News; September 8, 2010

    Brokers of Deceit: How the US Has Undermined Peace in the Middle East, Washington Report on Middle East Affairs; January 1, 2014; Killgore, Andrew I.

    Compensability for Psychological Injuries Arising from Breach of Contract, Deceit and Contravention of the Trade Practices Act 1974 (Cth) and Fair Trading Acts: The Need for Rationalisation and Consistency in the Law, Psychiatry, Psychology and Law; April 1, 2002; Freckelton, Ian

    Virtue! – Washington Post Condones Deceit, States News Service; November 3, 2013

    Make Attorney Deceit Illegal in Utah, Deseret News (Salt Lake City); July 2, 2013; Robinson, Michael

    Walsh Probes Contra `Deceit’ Under Reagan; Prosecutor Says Inquiry Invigorated, The Washington Post; April 13, 1990; Joe Pichirallo Walter Pincus

    POLITICAL SHENANIGANS AND DECEIT., States News Service; October 6, 2011

    Deceit meaning

    Deceit is a tort of fradulent misrepresentations: it’s elements are:
    1) A fraudulent statement
    2) Made with intent to decieve
    3) Which induces reliance on the part of the plaintiff
    4) And results in injury to the plaintiff.
    The tort will also lie where the statement was made with reckless disregard as to its truth or falsehood.

    Deceit is similar to the tort of passing off; however in the tort of deceit the injured plaintiff is a consumer, and in the tort of passing off the injured plaintiff is a competitor.

    In some jurisdiction deceit or fraud is a statutory tort and includes an action against false advertising.

    See: Karlin v. IVF America, 1999 N.Y. LEXIS 815, *; 93 N.Y.2d 282; 712 N.E.2d 662; 690 N.Y.S.2d 495 (Suit for false advertising permitted under fraud statute in case of medical misrepresentation).


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