Tort of Deceit in UK Law

Leading Cases
  • Reckitt and Colman Products Ltd (t/a Colmans of Norwich) v Borden Inc. and Others
    • House of Lords
    • 08 Feb 1990

    Secondly, he must demonstrate a misrepresentation by the defendant to the public (whether or not intentional) leading or likely to lead the public to believe that goods or services offered by him are the goods or services of the plaintiff.

  • Conlon v Simms
    • Court of Appeal (Civil Division)
    • 20 Dic 2006

    130. However, the judge went on to say (in paragraph 202 of his judgment) that where the breach of the duty of disclosure is fraudulent, a party to whom the duty is owed who suffers loss by reason of the breach may recover damages for that loss in the tort of deceit. Once again, I respectfully agree with him. Non-disclosure where there is a duty to disclose is tantamount to an implied representation that there is nothing relevant to disclose.

  • Dornoch Ltd v Mauritius Union Assurance Company Ltd
    • Queen's Bench Division (Commercial Court)
    • 19 Ago 2005

    The antecedent facts concerning the true situation in MCB are important, but it is what is done with those facts that really matters so far as the tort of fraudulent misrepresentation or deceit is concerned. In short, it is (on the assumptions I have made) MCB's decision not to tell the facts as they are and to continue to mislead that matters most, not the true facts themselves.

  • Reed Executive Plc v Reed Solutions Plc
    • Court of Appeal (Civil Division)
    • 03 Mar 2004

    The "average consumer" is a notional individual whereas the substantial proportion test involves a statistical assessment, necessarily crude. Whichever approach one uses, one is essentially doing the same thing – forming an overall ("global") assessment as to whether there is likely to be significant consumer confusion. It is essentially a value judgment to be drawn from all the circumstances. Further conceptional overelaboration is apt to obscure this and is accordingly unhelpful.

  • Inter Lotto (UK) Ltd v Camelot Group Plc
    • Chancery Division
    • 06 Jun 2003

    It is possible to formulate a defence to the passing off action in two ways. First, it could be said that Inter Lotto has no enforceable goodwill and reputation. He asserted that Camelot's ownership of the '392 registered mark provided it with an entitlement to use it. He said that his client had a "better" claim than Inter Lotto to the marks in suit. He said that the issue was one of priority of rights and "hierarchy".

  • Warnink (Erven) Besloten Vennootschap v J Townend & Sons (Hull) Ltd
    • House of Lords
    • 21 Jun 1979

    My Lords, Spalding v. Gamage and the later cases make it possible to identify five characteristics which must be present in order to create a valid cause of action for passing off: (1) a misrepresentation (2) made by a trader in the course of trade, (3) to prospective customers of his or ultimate consumers of goods or services supplied by him, (4) which is calculated to injure the business or goodwill of another trader (in the sense that this is a reasonably foreseeable consequence) and (5) which causes actual damage to a business or goodwill of the trader by whom the action is brought or (in a quia timet action) will probably do so.

  • British Telecommunications Plc v One in A Million Ltd
    • Court of Appeal (Civil Division)
    • 23 Jul 1998

    In my view there can be discerned from the cases a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending to equip another with an instrument of fraud. Whether any name is an instrument of fraud will depend upon all the circumstances. A name which will, by reason of its similarity to the name of another, inherently lead to passing-off is such an instrument.

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Legislation
  • Civil Bill Courts (Ireland) Act 1836
    • UK Non-devolved
    • 1 de Enero de 1836
    ...... Ten Pounds in all other Cases whatsoever, (Slander, Libel, Deceit, and Criminal Conversation. with a Man's Wife only excepted,) and also all ...S-XXIV . Executors de son tort to be liable. XXIV Executors de son tort to be liable. . XXIV. And be it ......
  • Bankrupt and Insolvent Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ...... contracted any of his Debts by means of any false Representation, Deceit, or Contrivance, and if the Court shall be satisfied with the Conduct of ..., or in any other Action for a malicious Injury, or in any Action of Tort or Trespass, where it shall appear to the Satisfaction of the Court that ......
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Books & Journal Articles
  • Insurance Fraud and the Role of the Civil Law
    • Núm. 80-3, Mayo 2017
    • The Modern Law Review
    Two UK Supreme Court decisions have considered insurance fraud. The first, Versloot Dredging BV v HDI‐Gerling Industries Versicherung (The DC Merwestone), concerned the use of a fraudulent device b...
    ...... to settle a claim, is entitled to set aside the settlement under the tort of deceit where it subsequently discovers proof that it was in fact ......
  • Measures in Misrepresentation: Recent Steps in Awarding Damages
    • Núm. 55-5, Septiembre 1992
    • The Modern Law Review
    ...... only allowed damages for fraudulent misrepresentation in the tort of deceit'; the only remedy for innocent or negligent ......
  • RECENT PERIODICAL LITERATURE
    • Núm. 10-1, Enero 1947
    • The Modern Law Review
    ...... A dilemma arises frequently in the United States in tort actions against Government officers. On the one hand it must ...) an action for breach will lie as for the tort of deceit; (c) damages for mental injury to be limited by ......
  • Armitage v Nurse & Others
    • Núm. 5-3, Marzo 1997
    • Journal of Financial Regulation and Compliance
    • 272-275
    The Appellant in this case, referred to throughout the Court of Appeal's judgment as ‘Paula’, was the principal beneficiary under a settlement which contained a trustee exemption clause in the foll...
    ...... "actual fraud" in Clause 15 is not used to describe the common law tort of deceit. As the Judge appre-ciated it simply means dishonesty. I accept ......
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Law Firm Commentaries
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