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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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