False Representations that cause you loss - The Common Law Tort of Deceit

The common law tort of deceit is committed where someone fraudulently makes a false representation that you rely upon which ultimately causes you loss.

The elements of the tort are:

  1. The defendant made a false representation to the plaintiff
  2. The defendant made the representation fraudulently (in a way that intends to deceive by doing something dishonest)
  3. The defendant intended the plaintiff to believe in and rely on the representation
  4. The plaintiff did act in reliance on the representation, and
  5. The plaintiff suffered damage.

    (Magill v Magill (2006) 226 CLR 551 [59], [114])

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