Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Tort of deceit definition

What does Tort of deceit mean? In practice, the tort of deceit (fraudulent misrepresentation) addresses deliberate false statements that induce a claimant to act to their detriment. It is a common law claim defined by case law (not statute), classically stated in Derry v Peek. To establish liability, the claimant must prove: (1) a false representation of fact; (2) made knowing it was false, without honest belief in its truth, or recklessly as to its truth; (3) with the intention that the claimant (or a class including the claimant) would rely on it; (4) actual reliance causing loss. The civil standard of proof applies,...

Deceit in English law: elements, representations, knowledge and intention, reliance, damages, limitation and pleading, key authorities and property transaction examples, and comparisons with misrepresentation

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Practice notes

This Practice Note on deceit claims sets out the elements required to pursue the common law tort of deceit: a false representation, an intention to deceive, reliance, and resulting loss. Deceit arises where a party knowingly makes a misrepresentation to defraud another, and that conduct causes loss to the victim.

For further guidance on pursuing deceit claims, see:

Deceit claims—pleading and standard of proof
Remedies in deceit claims

Deceit claim—what is it?

Deceit occurs where a misrepresentation is made with the intention of cheating a party, and that intention later results in loss to that party. The common law tort of deceit is separate from, though closely aligned with, a claim in misrepresentation; see Practice Note: Deceit claims—pleading and standard of proof.

Illustration—Connolly v Bellway Homes—property transaction

In Connolly v Bellway Homes, the seller of development land secured damages from the buyer after relying on the buyer’s statement about the value per square foot of development land. The figure put forward by the buyer was used as the base number in a formula designed to deliver the seller a share of any increase in the site’s value. The buyer’s representative...

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Web page updated on 21/05/2026

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