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:
- The defendant made a false representation to the plaintiff
- The defendant made the representation fraudulently (in a way that intends to deceive by doing something dishonest)
- The defendant intended the plaintiff to believe in and rely on the representation
- The plaintiff did act in reliance on the representation, and
- The plaintiff suffered damage.
(Magill v Magill (2006) 226 CLR 551 , )