What are the elements of the tort of deceit?

British Columbia, Canada


The following excerpt is from XY, Inc. v. International Newtech Development Incorporated, 2012 BCSC 319 (CanLII):

The tort of deceit, also known as civil fraud, is concerned with the intentional inducement of another person to rely upon a representation that the representor knows to be untrue. The elements that make up this tort are: (1) a false representation of fact by the defendant; (2) made with knowledge of its falsity or recklessly, ie. not caring whether it is true or not; (3) made with the intention that the plaintiff would act on it; (4) with the intention that the plaintiff would act on it; and (5) the plaintiff suffered damages. See: Le Soleil (SC) at paras. 312-314; Han v. Cho, 2009 BCSC 458 at para. 79.

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