“…essness in deliberateness – Mance LJ did not identify this. Mr Kimmins suggested that it might have been a reference to the principle in Derry v Peek (1889) LR 14 App Cas 337 that fraudulent misrepresentation includes the making of a false representation recklessly, without caring whether it be true or false. If Mance LJ did have De…”
“… there is no duty to speak. If, however, a defendant does speak, they fall under a duty not to be dishonest or fraudulent in what they say: Derry v Peek (1889) 14 App Cas 337. In certain factual circumstances, such as those outlined in the speeches in Hedley Byrne, the position of the defendant in relation to the claimant, combined …”