deceit
Deceit is most commonly seen as the key element of the tort of fraud . Though primarily a common law concept, deceit is sometimes defined by states in either criminal or civil statutes . For example:
- In New Jersey , "The term 'deceive' does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed."
-
California has a statute that defines deceit in the context of civil
fraud
.
California Civil Code Section 1710
defines deceit as either:
- 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 ground for believing it to be true;
- The suppression of a fact, by one who is bound 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 intention of performing it.
See e.g., Ray v. Watnick, 182 F. Supp. 3d 23 (S.D.N.Y. 2016) ; Duszynski v. Allstate Ins. Co., 107 A.D.3d 1448, 967 N.Y.S.2d 796, 2013 (N.Y. App. Div. 2013)
[Last updated in September of 2022 by the Wex Definitions Team ]
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