Derry v Peek (1889) established the principle that fraudulent misrepresentation requires proof of dishonesty. The House of Lords ruled that mere negligence is insufficient for fraud, setting a high threshold for claimants seeking damages for deceit.
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🏛️ Court: House of Lords 🗓️ Judgment Date: 1 July 1889 🗂️ Where Reported: [1889] UKHL 1, (1889) LR 14 App Cas 337 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
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Definition of Fraudulent Misrepresentation: The case established that fraudulent misrepresentation requires proof of dishonesty or recklessness, not merely negligence or error in judgment.