Also known as: stratagems · artifice · deceit
Written by attorneys · grounded in primary & secondary sources — see below
A trick or deception employed to obtain an advantage. The device typically involves misrepresentation or concealment that induces reliance by another party.
Skylar Sullivan, a used-car wholesaler, tells Sarah Sullivan that a bank has already approved a floor-plan credit line naming her company as owner of record. In reality the bank sent only a conditional email. Sarah signs over title certificates in reliance on the statement. The stratagem supplies the knowing misrepresentation that turns the transaction into false pretenses.
Simon Stern, project manager for CleanSoil, tells Sasha Stone at BuildCo that an engineering report confirms the foundation can support new construction. Stern knows no such report exists and relies only on an informal comment. Stone signs the subcontract in reliance. The stratagem constitutes the fraudulent misrepresentation that renders the agreement voidable.
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Sean Steele and Simone Sanders negotiate a marital settlement. Sean conceals substantial offshore accounts from Simone. She signs the agreement without knowledge of the assets. The stratagem of nondisclosure supplies the fraud that permits the court to set the agreement aside.
Sterling Dynamics sells equipment to Skyline Construction after assuring the buyer that an independent report verifies load capacity. No report exists. Skyline later discovers the defect and sues for damages. The stratagem produces the pecuniary loss recoverable under the deceit measure.
Police officers question a suspect by falsely claiming they already possess conclusive evidence of guilt. They employ repeated stratagems to break resistance and obtain a confession. The tactics place the suspect in a psychological state where the story becomes an elaboration of the officers' assertions.
A taxpayer sues to enjoin federal expenditures claimed to violate the Establishment Clause. The government argues the plaintiff lacks standing because no direct injury is shown. The stratagem of asserting a generalized grievance fails when the plaintiff demonstrates a logical link between the spending and a specific constitutional limitation.
A stratagem involves a knowing misrepresentation or concealment intended to induce reliance. Ordinary negotiation statements may be puffery or opinions that do not rise to the level of actionable deceit.
A lawyer engages in misconduct by employing a stratagem that involves dishonesty, fraud, deceit, or misrepresentation. The violation occurs even when the conduct is accomplished through the acts of another.
A stratagem produces liability in deceit only when the recipient justifiably relies on the misrepresentation and suffers a pecuniary loss caused by that reliance. The measure includes the difference between the value received and the price paid plus consequential losses.
A stratagem of fraud, deceit, or nondisclosure permits a court to set aside the agreement. Even without misconduct, an agreement may be set aside if it is unfair and the challenging spouse lacked full financial disclosure.
A stratagem that procures apparent consent through misrepresentation renders the taking trespassory. Consent induced by deceit about a present fact is legally ineffective.
…the efficacy of these characteristics in this manner: "In the preceding paragraphs emphasis has been placed on kindness and stratagems. The investigator will, however, encounter many situations where the sheer weight of his personality will be the deciding factor. Where emotional appeals and tricks are employed to no…