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" First, in order to sustain an action of deceit, there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth,... "
Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly ... - Page 85
by Henry John Stephen - 1903
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Albany Law Journal, Volume 40

Law - 1890 - 542 pages
...anthorities by saying that frand clearly exists where a misstatement is made (I) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. But although each of these cases has been held to furnish a ground of liability, yet they may all be...
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The Indian Law Reports: Patna series, Volume 6

Law - 1927 - 932 pages
...: " Fraud is proved when it is shown that a false representation has been made (1) knowingly or (2} without belief in its truth or (3) recklessly, careless whether it be true or false ". Lord Herschell proceeded to say as follows : ' ' Although I have treated the second and third as...
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Atlantic Reporter, Volume 65

Law reports, digests, etc - 1907 - 1150 pages
...Secondly. Fraud is proved when it is shown that a false representation has been made (1) knowingly or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. Although I have treated the second and third as distinct cases, I think the third is but an instance...
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The Law Quarterly Review, Volume 6

Frederick Pollock - Law - 1890 - 498 pages
...Fraud is proved when it is shown that a false representation has been made — i. Knowingly, or 2. Without belief in its truth, or 3. Recklessly, careless whether it be true or false.' The Directors' Liability Act supplements this by making a director liable for a false representation...
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Reports of Cases Under the Companies Acts: Decided in the High ..., Volume 1

Great Britain. Courts, William Bernard Megone - Commercial law - 1890 - 512 pages
...Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. Although I have treated the (o) 9 App. Gas. 196. (/>) 5 App. Gas. 925. Y 2 1889. second and third as...
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Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volume 2

Maurice Powell - Evidence (Law) - 1891 - 936 pages
...fraud is proveĢ! -where it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false ; and if fraud be proved the defendant's motive is immaterial,— it matters not that there was no...
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The Principles of Equity: A Treatise on the System of Justice Administered ...

George Tucker Bispham - Equity - 1893 - 840 pages
...Secondly ; Fraud is proved when it is shown that a false representation is made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. Although I have treated the second and third as distinct cases, I think the third is but an instance...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
..." Fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. Although I have treated the second and third as distinct cases, I think the third is but an instance...
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Hand-book of the Law of Torts, Volume 1

Edwin Ames Jaggard - Torts - 1895 - 700 pages
...Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. Although I have treated the second and third as distinct cases, I think the third is but an instance...
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Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - Sales - 1895 - 448 pages
...Herschell, " is proved when it is shewn that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. . . . The third is but an instance of the second, for one who makes a statement under such circumstances...
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