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Legal Case Summary. Derry v Peek (1889) 14 App Cas 337. Tort law – False representation. Facts of Derry v Peek. In the prospectus released by the defendant company, it was stated that the company was permitted to use trams that were powered by steam, rather than by horses.
House of Lords. Citations: (1889) 14 App Cas 337; (1889) 5 TLR 625. Facts. The directors of a tramway company issued a prospectus which stated that the company had statutory authority to use steam power instead of horses.
Derry v Peek established a 3-part test for fraudulent misrepresentation, [1] whereby the defendant is fraudulent if he: (i) knows the statement to be false, [2] or. (ii) does not believe in the statement, [3] or. (iii) is reckless as to its truth.
Brief Fact Summary. Plaintiff brought suit after it bought shares in Defendant’s company, under the belief that Defendant would have the right to use steam power, as opposed to other companies, which would not. Synopsis of Rule of Law.
Derry v. Peek. [1875] 14 App Cas 337. [HOUSE OF LORDS.] WILLIAM DERRY, J. C. WAKEFIELD, M. M. MOORE, J. PETHICK, AND S. J. WILDE APPELLANTS; AND SIR HENRY WILLIAM PEEK, BARONET RESPONDENT. 1889 July 1. LORD HALSBURY L.C. , LORD WATSON , LORD BRAMWELL , LORD FITZGERALD , and LORD HERSCHELL. July 1. LORD HALSBURY L.C.: —
Derry v Peek (1889) 5 T.L.R. 625. In a company prospectus the defendant stated the company had the right to use steam powered trams as oppose to horse powered trams. However, at the time the right to use steam powered trams was subject of approval of the Board of Trade, which was later refused.
Key Point. A tort of deceit is proven where a false representation is made knowingly, without belief in its truth or recklessly, careless whether as to whether it is true or false. Facts. A company’s prospectus stated that its tramways had the right to use steam power when it did not due to a lack of consent from the Board of Trade.
Henry William Peek (plaintiff) received a prospectus of a train company which stated that due to a new law, the company could begin to use steam or mechanical power in place of the typical horse drawn power.
Sep 13, 2024 · Court: House of Lords Facts: The Plymouth, Devonport and District Tramways Company issued a prospectus claiming that it had the permission of the Board of Trade to use steam trams. In reality, such permission was contingent on the Board's approval, which the company had not yet obtained. The com
Sep 6, 2023 · The case of Derry v Peek was a landmark English decision on fraudulent misrepresentation. The directors of the Plymouth, Devonport, and District Tramways Company issued a prospectus containing a statement that they were entitled to abandon horse-grip trams in favour of steam-grip trams.
