By Gilbe Kodilinye, Gilbert Kodilinye

ISBN-10: 1859415393

ISBN-13: 9781859415399

This article is designed to provide legislations scholars within the Caribbean a easy textual content on torts, followed by way of extracts from West Indian situations and an important statutory provisions. Emphasis is put on these subject matters most typically litigated within the West Indies - negligence, nuisance, defamation, trespass to the individual, employers' legal responsibility and passing off. even though basically conceived as a textual content for college students studying for the LLB measure within the West Indies, practitioners may still locate the publication worthy within the manner during which it brings to gentle many hitherto unreported decisions.

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This significantly reduces the deterrent effect on the tortfeasor because he passes the bill on to the insurance company. Although there are fundamental differences between criminal and tortious liability, it is significant that some torts, particularly trespass, have strong historical connections with the criminal law, and that the same act may be both a tort and a crime. 2 Because of this common historical origin, today the ingredients of the torts are virtually identical to those of the crimes.

Such areas include fraudulent misrepresentation in contract, which is the alter ego of the tort of deceit; negligent misrepresentation, which was developed in the law of tort but applies equally to contract law; remoteness of damage, which is a concept common to both contract and tort, although the concept is not applied in exactly the same way in each branch of the 5 For examples in the Commonwealth Caribbean, see Sale of Goods Act, Cap 371, Hire Purchase Act 1987 (Antigua); Sale of Goods Act, Ch 310, Hire Purchase Act, Ch 315 (Bahamas); Sale of Goods Act, Cap 317, Hire Purchase Act, Cap 328 (Barbados); Sale of Goods Act, Cap 214, Hire Purchase Act, Cap 220 (Belize); Sale of Goods Act, Cap 349, Hire Purchase Act 1874 (Jamaica); Sale of Goods Act, Ch 82:30, Hire Purchase Act, Ch 82:33 (Trinidad and Tobago).

Today, all that the plaintiff needs to do is to set out the relevant facts in his statement of claim. Nevertheless, the distinction between direct and consequential injury still remains. Thus, the modern tort of trespass is concerned with direct injuries, whilst the tort of nuisance (derived from the action on the case) covers indirect injuries. It is no longer necessary for the plaintiff to plead any particular form of action, but he must nevertheless show that some recognised tort has been committed, and he can do this only by showing that the defendant’s conduct comes within the definition of trespass, nuisance, negligence etc, as the case may be.

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Commonwealth Caribbean Tort Law: Text, Cases & Materials by Gilbe Kodilinye, Gilbert Kodilinye


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