Peek - Law Dictionary Search Results

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Peek

To look surreptitiously or with the eyes half closed or through a crevice to peep...

Culpa lata dolo 'quiparatur.-(Gross negligence is held equivalent to intentional wrong.) In cases of fraud, a grossly negligent omission to ascertain whether a statement is true or not, i.e., an untrue statement made with a reckless disregard of its truth or the revrse is evidence of fraud. See Derry v. Peek, (1889) 14 AC 337, and FRAUD....

Deceit

Deceit [fr. deceptio, Lat.], fraud, cheat, craft, or collusion used to deceive and defraud another. In an action of deceit the plaintiff must prove that the defendant has made a false statement, knowing that it was false or without any belief in its truth or without caring whether it was true or not, and intending that the plaintiff should rely upon it and that the statement was relied upon by the plaintiff and caused damage; non-disclosure may be fradulent, see Suppressio veri, suggestio falsi,' and Cackett v. Keswick, (1902) 2 Ch 456, and Christine Ville Rubber Estates, (1911) 28 TLR 38, and CONCEALMENT [Smith v. Chadwick, (1884) 9 AC 187, and Dery v. Peek, (1889) 14 App Cas 337]. Under the (English) Companies Act, 1929, s. 37, a special action for deceit will lie at the instance of any subscriber for shares or debentures who has subscribed for these on the faith of a prospectus inviting him to subscribe against any director, or person named or referred to as a director in the prospe...

Directors

Directors, persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of the directors collectively form the board of directors. Their powers, if the company be incorporated by Act of Parliament, are derived from its special Acts and ss. 90-100 of the (English) Companies Clauses Act, 1845; if the company be incorporated under the (English) Companies Act, 1929, see ss. 139 et seq., ibid. The company is bound by all acts of the directors within the scope of their authority. They may receive a salary, but may make no personal profit from the company [see, however, Re Dover Coalfield Ltd., (1908) 1 Ch 65], nor can a pension be granted to a retiring managing director, Normandy v. Ind, Coope & Co., (1908) 1 Ch 84; but they were under no personal liability except for fraud, as to the criminal liability for which see Larceny Act, 1861 (24 & 25 Vict. c. 96), ss. 81 et seq., and DECEIT. Public companies registered after Octob...

Fraud

Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...

Risk Note

Risk Note, the name sometimes given to the special contract, sanctioned by s. 7 of the Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31), but not binding on the consignor unless signed by him and also just and reasonable, exempting a railway or canal company from liability for loss of or injury by their negligence or that of their servants to goods or animals carried by them. Both before and after the decision of the House of Lords in Peek v. North Staffordshire Ry. Co., (1868) LR 10 HL 473, in which it was held, after summoning the judges, that the contracts must be both reasonable and signed, these risk notes have occasioned much litigation; see especially Great Western Ry. Co. v. McCarthy, (1887) 12 App Cas 218, to the effect that by offering alternative rates-a higher rate with the ordinary carrier's liability, and a lower rate with exemption from liability-a company may exempt themselves from all liability except for wilful is conduct, Sutcliffe v. G.W.Ry., (1910) 1 KB 478...

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