deceit
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 366 U.S. 696 - United States v. Neustadt · 1961Most cited · 1,263 citing opinions
As 'deceit' means fraudulent misrepresentation, 'misrepresentation' must have been meant to include negligent misrepresentation, since otherwise the word 'misrepresentation' would be duplicative.
How often courts cite the cases defining “deceit”
Court decisions citing the 2 opinions that defined “deceit” — 1,518 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1909–1961
- ORIGINAL
there is deceit when, by words or insidious machinations on the part of one of the contracting parties, the other is induced to execute a contract which, without them, he would not have made. ... It exists where the party who obtains the consent does so by means of concealing or omitting to state material facts, with intent to deceive, by reason of which omission or concealment the other party was induced to give a consent which he would not otherwise have given. ... In such cases concealment is equivalent to misrepresentation.
in contract