deceit

Deceit is most commonly characterized as the key element of the tort of fraud. The act of deceit is a misrepresentation made by a person or entity to intentionally misguide another who justifiably relied on the falsehood. Though primarily a concept in common law, deceit is sometimes defined by states in either criminal or civil statutes. For example:

In New Jersey, the concept of deceit does not apply to matters that have no pecuniary significance, puffing, or exaggerated statements that are unlikely to deceive an "ordinary person" in the particular group addressed. See: NJ Rev Stat § 2C:20-4.
California has a statute that defines deceit in the context of civil fraud. California Civil Code Section 1710 defines deceit as:
- The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
- The assertion, as a fact, of that which is not true, by one who has no reasonable grounds for believing it to be true;
- The suppression of a fact, by one who is required to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or,
- A promise, made without any intent of performance.

[Last reviewed in September of 2026 by the Wex Definitions Team]

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