What is the difference between fraudulent misrepresentation and tort of deceit?
Alberta, Canada
The following excerpt is from Lozinik v Sutherland, 2012 ABQB 440 (CanLII):
Courts do not, however, always draw such a sharp distinction between the two concepts. While it is safe to say that fraudulent misrepresentation began as an action in contract and the tort of deceit has existed as a discrete cause of action since as early as Pasley v. Freeman (1789), 3 T.R. 51, the two closely related actions have increasingly converged as courts have begun to recognize concurrent liability in contract and tort.
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