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NeCede's

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.

Legal domains

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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