By Gilbe Kodilinye, Gilbert Kodilinye
This article is designed to provide legislation scholars within the Caribbean a uncomplicated textual content on torts, observed through extracts from West Indian instances and an important statutory provisions. Emphasis is put on these themes most ordinarily litigated within the West Indies - negligence, nuisance, defamation, trespass to the individual, employers' legal responsibility and passing off. even supposing essentially conceived as a textual content for college kids studying for the LLB measure within the West Indies, practitioners may still locate the publication important within the manner within which it brings to mild many hitherto unreported decisions.
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Additional info for Commonwealth Caribbean Tort Law: Text, Cases & Materials
6 7 8 Unless it involves the deception of the public (ie, in passing off: see below, Chapter 11). Eg, in the tort of nuisance. See below, Chapter 7. The defence of necessity. 5 Commonwealth Caribbean Tort Law INJURIA SINE DAMNO This means literally ‘legal injury without damage’. Normally, in order to succeed in tort, the plaintiff must prove that he has suffered actual damage (for example, injury to his person or property or reputation) as well as legal injury. There are some torts, however, where actual damage need not be proved and it is sufficient to show an infringement of the plaintiff’s legal rights (that is, legal injury).
A conviction for a crime is obtained by means of a criminal prosecution, which is usually instituted by the State through the agency of the police or at the discretion of the Director of Public Prosecutions. A tort, on the other hand, is a purely civil wrong which gives rise to civil proceedings, the purpose of such proceedings being 1 Commonwealth Caribbean Tort Law primarily not to punish wrongdoers for the protection of the public at large, but to give the individual plaintiff compensation for the damage which he has suffered as a result of the defendant’s wrongful conduct.
3 Commonwealth Caribbean Tort Law The precise relationship between tort and contract is a matter of debate and there is a school of thought which argues that tort and contract should be subsumed under a ‘law of obligations’. The traditional distinction made between tort and contract is that in tort the duties of the parties are primarily fixed by law, whereas in contract they are fixed by the parties themselves. In other words, contractual duties arise from agreement between the parties, whilst tortious duties are created by operation of law independently of the consent of the parties.