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Torts Keyed to Henderson
Derry v. Peek
Citation:144 App. Cas. 337 (House of Lords, 1899)
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:
In February 1883, the defendant issued a prospectus on behalf of his company stating that the company had been granted the right to use steam or mechanical power instead of horses for its carriages due to a special act of Parliament. This made the plaintiff believe that the defendant had the absolute right to use such power, rather than the limited right on certain tramways, and caused him to obtain shares in the company. The company proceeded to make tramways, but the Board of Trade declined to consent to the use of steam except on certain portions of these tramways.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.