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Deceit in torts

 Deceit in Torts


While the exact definitions and requirements for confirmation vary by jurisdiction, the essential elements of fraud as a tort are, for the most part, the intentional misrepresentation or concealment of a significant certainty whereby the casualty is intended to rely on, and in fact does rely on, the person in question's mischief.

The tort of deception is defined as "intentional misrepresentation or concealment of an existing truth with knowledge of it, as well as the manufacture of disinformation by one person to another in order to profit from the hurt or damage suffered by the other person."

"Maliciously stealing or gaining money or other items through deception methods," according to the definition of fraud. Sections 421 of the Indian Penal Code and Section 17 of the Indian Contract Act define the term "fraud."


The Basics of Fraud or Deceit

The following factors must be present in order to show that a person has committed fraud or deception.

  • The defendant made a false statement or representation.

  • The defendant must have been aware of the statement's falsity or had reason to think it was false.

  • The defendant made the statement with the intent of deceiving the plaintiff.

  • As a result of the misleading statement, the plaintiff must have experienced harm.


False representation or statement of fact(s)


There must be false assertions of truth to show that the defendant is responsible for fraud. A statement may be made by words or by behaviour to constitute a deception.

In the case of R. v. Barnard, a buyer who pretended to be a member of the university by donning the university cap and gown to get credit was held guilty for fraud.

A individual impersonating someone else took the driving test in the case of Idrees v. Director of Public Prosecutions. This was ruled by the court to be fraud because of the deceptive representation.

Silence is all there is

We now know that a false statement or representation is required to hold the defendant accountable for fraud. However, there are also instances when simply being silent about certain facts does not constitute fraud.


Example: If A (seller) sells his sick cow, he does not have to notify B (buyer) about it. Fraud will not be committed if the cow's flaws are not disclosed.

In the matter of Sri Krishna v. Kurukshetra University, the candidate Sri Krishna failed to state that he was unable to write the university's LL.B test due to a lack of attendance. Furthermore, the institution did not conduct a thorough assessment of the paperwork filled out by the candidates. As a result, the Supreme Court ruled that Sri Krishna had committed no fraud.

Conclusion

The key aspect of fraud or deception is that the defendant must make a false statement and the plaintiff must suffer the consequences. Fraud and deception are more difficult and specialised torts that need proof of specific unlawful conduct in order to get an acceptable remedy.


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