Deceit - Law Dictionary Search Results

Redhibition

the seller to take it back again upon the buyer finding it damaged, or that there was some deceit, Civ. Law.; Sand. Just. Means the voidance of a sale as a result of an action brought on

Intent to defraud

Intent to defraud, contains two elements viz., deceit and injury. A person is said to deceive another when by practising 'suggestion falsi' or 'suppressioveri' or both

indifference and neglect of easily accessible means of information. At Common Law, see more fully under the title DECEIT. If the representation amounts to a warranty (q.v.), its untruth is actionable because the person making it has

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Nemo ex dolo suo proprio relevetus, aut auxilium capiat

suo proprio relevetus, aut auxilium capiat [Lat.], no one is relieved or gains an advantage from his own deceit.

Prospectus

As to the liability of directors or others for statements in the prospectus, see s. 37, DIRECTORS and DECEIT. These requirements extend to offers by the purchasers of shares or debentures offered by the company to them

Trade marks

mark, the owner is protected by the common law action of passing off, one of the forms of deceit, and see title TRADE DESCRIPTION. The (English) Trade Mark Acts, 1905 to 1919, provide a further protection. Trade

Representation

301--where the manager was held personally liable; Hirst v. West Riding Banking Co., (1901) 2 KB 560. See DECEIT; CONDITION; WARRANTY and CONTRACT OF SALE OF LAND. The detenu's representation asking for copies of documents must be

Scienter

Scienter [Lat.] (knowingly, wilfully). In an action of deceit, the scienter must be averred and proved. In case of injury to cattle and sheep by dogs, the

Stipulation

show it to be their mature and deliberate act. It could not be impeached except for fraud or deceit, and could not be released or discharged except by an equally solemn proceeding, conducted by question and answer

Vicarious responsibility

C., relying on the report, innocently misleads the buyer, the latter may recover damages against the principal for deceit if B.'s report was reckless and untrue, London County Freehold, etc. Properties, Ltd. v. Berkeley Pro-perty, etc. Co.

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