Fraudulent misstatements Proving fraud:Derry v Peek.Fraud is proved if: Person knows statement to be false; Person did not believe in the truth of the statement;or Person was reckless as to the truth or falsity of the statement. Cf MOs 3(1),CO s 40A,SFO ss 107,298.Fraudulent misstatements • Proving fraud: Derry v Peek. Fraud is proved if: - Person knows statement to be false; - Person did not believe in the truth of the statement; or - Person was reckless as to the truth or falsity of the statement. • Cf MO s 3(1), CO s 40A, SFO ss 107, 298