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An Analysis of the Economic Torts$
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Hazel Carty

Print publication date: 2010

Print ISBN-13: 9780199546749

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199546749.001.0001

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Deceit

Deceit

Chapter:
(p.182) 9 Deceit
Source:
An Analysis of the Economic Torts
Author(s):

Hazel Carty

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199546749.003.0009

This chapter explores the history and ingredients of this tort. The limited application of the tort of deceit to any allegation centred on unfair competition is assessed (given it is a two-party tort) as is the fact that it is largely overshadowed by liability for negligent misstatement. However, despite this classic view of the tort, the chapter also explores how liability related to the tort may have a role to play in a three-party scenario. So lies told to third parties may constitute the unlawful means in the unlawful means tort and ‘fraud’ may be the focus of liability in two actions related to the tort of deceit: the action for bribery of an agent and the action for dishonest assistance.

Keywords:   deceit, unfair competition, negligent misstatement, unlawful means tort, bribery, dishonest assistance

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