Maxim 7.2.22
Deceit is an artifice, since it pretends one thing and does another.
Source: Black's, 387; Weisman, 29m
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The essence of deceit is the gap between appearance and reality — fraud is proven by showing that the party represented one thing while intending or doing another.
Where this applies
- A car dealer advertises a vehicle as "accident-free" while knowing it was totaled and rebuilt — the gap between his claim and reality is the very definition of deceit.
- A landlord tells prospective tenants the apartment passed inspection while secretly knowing it failed for mold — saying one thing and doing another proves the fraud.
- A contractor promises to use copper piping but installs cheap plastic — the difference between what he said and what he did is all the court needs to find deceit.
Cite this maxim
NeCede Max. 7.2.22 — Deceit is an artifice, since it pretends one thing and does another. — Black's, 387; Weisman, 29m
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