Legal Definitions - de deceptione

de deceptione refers to a historical legal action or "writ" in English law. It was a remedy available to an individual who suffered harm or loss because another person fraudulently acted in their name, without their permission, and thereby deceived others. Essentially, it addressed situations where someone was impersonated or falsely represented, leading to damages for the true party.

Here are some examples illustrating how this historical legal concept would apply:

• Example 1: Unauthorized Property Dealings

  Imagine a scenario where a dishonest individual, let's call him Mark, falsely claims to be Sarah, the owner of a valuable piece of land. Mark then enters into a preliminary agreement with a developer, Company X, to sell Sarah's land, even forging Sarah's signature on some initial documents. Company X, believing Mark is Sarah, starts making plans and incurring costs based on this agreement. When the real Sarah discovers this fraudulent activity, she finds her property's title is now clouded, and she has to spend money and time to clarify the situation and prevent the fraudulent sale, suffering reputational damage in the process.

  This illustrates de deceptione because Sarah was deceived (by Mark acting in her name) and damaged (clouded title, legal costs, potential reputational harm) by someone falsely representing her in a transaction.

• Example 2: Impersonation in Business Transactions

  Consider Mr. Henderson, who owns a small but reputable antique shop. An unscrupulous former employee, Ms. Davies, knowing Mr. Henderson's business practices, approaches a supplier, Old World Antiques, claiming to be Mr. Henderson's authorized agent. Ms. Davies then places a large order for rare items, instructing Old World Antiques to ship them to a different address and bill Mr. Henderson's shop. Mr. Henderson later receives an invoice for goods he never ordered and never received, damaging his credit and requiring him to dispute the charges and prove the fraud.

  Here, Mr. Henderson was the victim of de deceptione because Ms. Davies acted in his name without authorization, deceiving the supplier and causing Mr. Henderson financial liability, damaged credit, and the burden of resolving the fraud.

• Example 3: False Representation in Official Proceedings

  Suppose Elena is involved in a minor dispute with a neighbor over a shared fence. Unbeknownst to Elena, her estranged brother, David, who has a history of meddling, attends a community mediation session regarding the fence, claiming to be Elena. David agrees to terms that are highly unfavorable to Elena, committing her to pay for the entire fence replacement and give up a portion of her garden. When Elena receives the official mediation agreement, she realizes she has been bound by terms she never agreed to, causing her significant financial loss and loss of property.

  This situation exemplifies de deceptione because Elena was deceived (David acted in her name during an official process) and damaged (financial loss, loss of property rights) by someone falsely representing her interests.