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The tort of deceit overlaps with Misrepresentation, but the tort does not require that the defendant and the claimant be in a contractual relationship. For the claim to succeed, the claimant must show that
It has consistently been held that there is no test of `remoteness' when assessing damages for deceit. Any loss that is directly attributable to the deceit must be made good by the defendant (ClefAquitaineVLaport2001).
If the effect of the deceit is to cause the claimant to enter into a contract, then a claim under s.2(1) of the MisrepresentationAct1967. This has the effect of requiring the defendant to show good grounds for believing his representation to be true.
-- Main.KevinBoone - 15 Jan 2004
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