• 1994 - Deceit
  • C-8.00
    • Deceit
    • Tort Liability
    • Tort Liability

  • One who willfully deceives another person with intent to induce that person to alter [his] [her] position to that person's injury or risk is liable for any damage the person thereby suffers.

     

    As used in these instructions, a "deceit" is:

     

    1) the suggestion as a fact of that which is not true by one who does not believe it to be true;

     

    2) the assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;

     

    3) the suppression of a fact by one who is bound to disclose it, or who gives information of other facts that are likely to mislead for want of communication of that fact; or

     

    4) a promise made without any intention of performing.

    • 9-10-02
    • 9-10-03
    • Dewey v. Lutz, 462 NW2d 435 (ND 1990)
    • Hellman v. Thiele, 413 NW2d 321 (ND 1987)
    • Olson v. Frasse, 421 NW2d 820 (ND 1988)
  • Notes: In a case involving subsection 3, the Pattern Jury Instruction Commission directs attention to Dewey, 462 NW2d at 440; Hellman v. Thiele, 413 NW2d 321, 326 (ND 1987); and section 551 of the Restatement (Second) of Torts .