Deceit The Lie of the Law

Deceit: The Lie of the Law will provide a complete and exclusive account of the law of deceit applicable to every commercial and civil relationship. It examines in detail the rationale of the tort and each of the ingredients of the cause of action, having regard to most of the cases dealing with the tort for the past 200 years.
 
Since the last case in the House of Lords on deceit (Standard Chartered Bank v Pakistan National Shipping Corp [2003] 1 AC 959), there have been more than 70 cases in the higher courts dealing with the subject and it is becoming increasingly important for a detailed account of the tort to be made available.

Recent important cases discussed in the book include:

AIC Ltd v ITS Testing Services (UK) Ltd (The Kriti Palm) [2007] 1 Lloyd’s Rep 555

Crystal Palace FC (2000) Limited v Dowie [2007] EWHC 1392 (QB)

Renault UK Limited v Fleetpro Technical Services Limited [2007] EWHC 2541 (QB)

Contex Drouzhba Ltd v Wiseman [2007] BCLC 758; [2008] BCLC 631

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] 2 Lloyd’s Rep 1

Abu Dhabi Investment Company v H Clarkson & Company Limited [2008] EWCA Civ 699

Table of Contents:

CHAPTER 1. D E C E I T: NAT U R E , RAT I O N A L E AND FORMULAT I O N
Introduction 1
Deceit and the House of Lords 2
The nature and rationale of the tort of deceit 5
Fraud and damage 5
The moral tort 7
Today’s morality 10
Moral distance 14
The formulation of the tort of deceit 16
The ingredients of the tort of deceit 16
Proving fraud 20
Deceit viewed against the genesis of the law of misrepresentation 25
Alternative causes of action based on a fraudulent misrepresentation 28
Deficiencies in the current law of deceit 30
Considerations affecting a restatement of the law of deceit 32

CHAPTER 2. L I E S , LAW AND MORALITY
Introduction 37
Lies and morality’s relationship with the law 38
Approaches to the content of a moral rule against lying 41
What is morality? 41
Fundamental principles and the relevance of reason 43
The morality of a lie 46
Lying as a social constant 46
Various moral assessments on lying 48
Absolute condemnations of lying 49
Lies are not always immoral 50
The chief elements for a moral examination of a lie 53
Expectation of truth 54
Freedom of speech 56
Damage 58
Other consequences 60
Motive 60
The morality of non-disclosures 62
The influence of morality 64

CHAPTER 3. THE R E P R E S E N TAT I O N
Introduction 67
The nature of the representation 67
Express and implied representations 67
Representations of existing fact 70
Representations of law 72
Representations of states of mind 73
Continuing representations 74
The context of the representation 78
The representation must be false 83
Materiality 88
Deceit by non-disclosure 92

CHAPTER 4. EXAMPLES OF R E P R E S E N TAT I O N S
Introduction 99
Sale and purchase, leasing and other transactions concerning property 100
Sale and purchase of a business or issue or sale of shares in a company 103
Joint venture and partnership agreements 105
Letters of credit and performance bonds 106
Bills of exchange and financial investments 107
Insurance contracts 107
Credit and loan agreements 108
Credit and character references 109
Construction contracts 110
Settlement agreements and releases 110
Carriage and storage 111
Wasted expenditure 111
Cases tantamount to theft 112
Marital and familial fraud 113

CHAPTER 5. FRAUDULENT KNOWLEDGE AND FRAUDULENT I N T E N T I O N
Introduction 115
Capacity 116
Fraudulent knowledge 117
The representor’s intended meaning 119
Actual knowledge 121
The second limb of fraudulent knowledge: recklessness 123
Present to the representor’s mind 127
Fraudulent intention 129
Motive 130
Intended manner of reliance 136
A defence based on justification? 140
Reconsideration of the fraudulent intention 143
Dishonesty as an ingredient of the tort 144

CHAPTER 6. T H I R D PART I E S
Introduction 149
Representations by third parties 149
Procuring a fraudulent misrepresentation 150
Vicarious liability 152
The agent’s representations prior to the principal’s authority 157
The agent’s personal liability 158
Representation to third parties 159

CHAPTER 7. INDUCEMENT
Inducement and the resultant damage: two types of causation 167
The representation need not be the sole inducement 170
The strong and weak senses of inducement 171
Early judicial statements 171
Later judicial statements 176
The case for a requirement of strong inducement 179
The representee’s negligence or means of knowledge 182
Knowledge of the truth 188

CHAPTER 8. R E M E D I E S FOR D E C E I T
Introduction 191
Compensatory damages 191
Causation, remoteness and mitigation 192
Measure of damages 197
Date at which damages assessed 201
Loss-making and profitable transactions 203
Section 2(1) of the Misrepresentation Act 1967 207
Contributory negligence 208
Contributory deceit and public policy 210
Exemplary and aggravated damages 211
Avoidance and rescission 215
The nature and effect of the remedies 215
The legal and equitable rights 217
The traditional bars to equitable relief 221
Counter-restitution 227
Restitutionary remedies 227
Proprietary restitutionary remedies 230
Interest 233
Exclusion of liability for deceit 235
Exclusion by contract 235
Exclusion by statute 238
Statute of Frauds Amendment Act 1828 239
Housing Act 1985 241
Limitation of actions 241
The accrual of the cause of action in deceit 241
The limitation period 242

CHAPTER 9. TOWARDS A R E S TATEMENT OF THE TORT OF D E C E I T
Introduction 247
Testing the boundaries of the tort of deceit 247
A suggested restatement of the law of deceit 252
Index 255
 
For more information kindly visit
http://www.bharatbook.com/Market-Research-Reports/Deceit-The-Lie-of-the-Law.html