Deceit · the Lie of the Law by Macdonald Eggers, Peter -- Read -- Imperial Library of Trantor

Index

Cover Half Title Title Page Copyright Page Dedication Table of Contents Foreword Preface Table of Cases Table of Legislation Chapter 1. Deceit: Nature, Rationale and Formulation

Introduction Deceit and the House of Lords The nature and rationale of the tort of deceit

Fraud and damage The moral tort Today’s morality Moral distance

The formulation of the tort of deceit

The ingredients of the tort of deceit Proving fraud

Deceit viewed against the genesis of the law of misrepresentation Alternative causes of action based on a fraudulent misrepresentation Deficiencies in the current law of deceit Considerations affecting a restatement of the law of deceit

Chapter 2. Lies, Law and Morality

Introduction Lies and morality’s relationship with the law Approaches to the content of a moral rule against lying

What is morality? Fundamental principles and the relevance of reason

The morality of a lie

Lying as a social constant Various moral assessments on lying

Absolute condemnations of lying Lies are not always immoral

The chief elements for a moral examination of a lie

Expectation of truth Freedom of speech Damage Other consequences Motive

The morality of non-disclosures

The influence of morality

Chapter 3. The Representation

Introduction The nature of the representation

Express and implied representations Representations of existing fact Representations of law Representations of states of mind Continuing representations

The context of the representation The representation must be false Materiality Deceit by non-disclosure

Chapter 4. Examples of Representations

Introduction Sale and purchase, leasing and other transactions concerning property Sale and purchase of a business or issue or sale of shares in a company Joint venture and partnership agreements Letters of credit and performance bonds Bills of exchange and financial investments Insurance contracts Credit and loan agreements Credit and character references Construction contracts Settlement agreements and releases Carriage and storage Wasted expenditure Cases tantamount to theft Marital and familial fraud

Chapter 5. Fraudulent Knowledge and Fraudulent Intention

Introduction Capacity Fraudulent knowledge

The representor’s intended meaning Actual knowledge The second limb of fraudulent knowledge: recklessness Present to the representor’s mind

Fraudulent intention

Motive Intended manner of reliance A defence based on justification? Reconsideration of the fraudulent intention Dishonesty as an ingredient of the tort

Chapter 6. Third Parties

Introduction Representations by third parties

Procuring a fraudulent misrepresentation Vicarious liability The agent’s representations prior to the principal’s authority The agent’s personal liability

Representation to third parties

Chapter 7. Inducement

Inducement and the resultant damage: two types of causation The representation need not be the sole inducement The strong and weak senses of inducement

Early judicial statements Later judicial statements The case for a requirement of strong inducement

The representee’s negligence or means of knowledge Knowledge of the truth

Chapter 8. Remedies for Deceit

Introduction Compensatory damages

Causation, remoteness and mitigation Measure of damages Date at which damages assessed Loss-making and profitable transactions Section 2(1) of the Misrepresentation Act 1967

Contributory negligence Contributory deceit and public policy Exemplary and aggravated damages Avoidance and rescission

The nature and effect of the remedies The legal and equitable rights The traditional bars to equitable relief Counter-restitution

Restitutionary remedies Proprietary restitutionary remedies Interest Exclusion of liability for deceit

Exclusion by contract Exclusion by statute

Statute of Frauds Amendment Act 1828 Housing Act 1985

Limitation of actions

The accrual of the cause of action in deceit The limitation period

Chapter 9. Towards a Restatement of the Tort of Deceit

Introduction Testing the boundaries of the tort of deceit A suggested restatement of the law of deceit

Index

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