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Torts Keyed to Prosser
Derry v. Peek
Citation:14 App. Cas. 337
ProfessorMelissa A. Hale
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Sir Henry William Peek (plaintiff) read a prospectus issued by Plymouth, Devonport and District Tramways Company. The prospectus stated that the company would use vehicles on the tramways powered by steam or mechanical-powered locomotives instead of horses. The prospectus further stated that it fully expected that the Board of Trade would approve the use of steam or mechanical-powered locomotives. Peek invested in the company. In reality, the Board of Trade refused consent to the use of steam or mechanical-powered locomotives. The company was wound up and Peek sued the chairman, William Derry, and the directors of the company (defendants).
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.