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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 26 May 2024

p. 34914. False representationslocked

p. 34914. False representationslocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria


This chapter examines the protection provided by tort law against false representations which cause the claimant to suffer some kind of financial loss (which is why they frequently are seen as falling within the category of economic torts). The chapter discusses the principal elements of three different types of false representation case, these being: deceit (based on an inducement by the defendant that the claimant rely on the statement even though the defendant was at least reckless as to its truth), passing off (based on deception of the claimant’s customers), and malicious falsehood (usually based on disparagement of the claimant’s goods).

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