INTRODUCTION

3.1 An actionable deceit depends on an untrue representation. The critical element of the tort is its dishonesty. This much is uncontentious. A number of questions do, however, arise. Are all knowingly untrue representations punishable in tort? Is it really the case that a positive representation is a requirement of an actionable deceit? What if a non-disclosure is motivated by fraud? What is meant by a representation being untrue? Must the representation be material for it to be a deceit?