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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.
Derry v Peek 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 [1889] UKHL 1 is a case on English contract law, fraudulent misstatement, and the tort of deceit. Derry v Peek established a 3-part test for fraudulent misrepresentation, whereby the defendant is fraudulent if he: (i) knows the statement to be false, or (ii) does not believe in the statement, or (iii) is reckless as to its truth.
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. Misrepresentation, alone, is not sufficient to prove deceit. Facts.
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.
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. House of Lords. 14 App. Cas. 337 (1889) Written by Sean Carroll, JD. Facts. 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.
