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

By Gilbe Kodilinye, Gilbert Kodilinye

This article is designed to offer legislation scholars within the Caribbean a simple textual content on torts, followed through extracts from West Indian circumstances and crucial 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 basically conceived as a textual content for college students analyzing for the LLB measure within the West Indies, practitioners should still locate the publication beneficial within the method during which it brings to mild many hitherto unreported decisions.

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13 Thus, for instance, if D keeps a wild animal, such as an elephant or a lion, he will be liable for any damage caused by the animal, even though the damage was unintended by him and he was in no way careless in allowing it to happen. MOTIVE AND MALICE ‘Motive’ means the reason behind a person’s doing of a particular act. Motive is generally irrelevant in the law of torts. Thus, if the defendant’s act is unlawful, the fact that he had a good motive for doing it will not exonerate him. For example, If D locks his adult relative in her room to prevent her from going out with a man whom D believes to be of bad character, D will be liable to her for false imprisonment, and the fact that D had a good motive will not excuse him.

6 Introduction Before 1852, it was vital to choose the correct form of action – trespass for direct, forcible injury; on the case for indirect or non-forcible injury – and, if the plaintiff made the wrong choice, his claim failed. 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.

11 However, the court may presume the defendant’s intention by looking at what he said or did and at all the surrounding circumstances. 12 Thus, for example, if D fires a shot at P’s dog, intending to frighten it, and the bullet in fact kills the dog, D cannot escape liability by pleading that he only intended to frighten the animal, for it must be presumed that the natural consequence of shooting at the dog will be to kill it. Negligence differs from intention, in that intention denotes a desire for the consequences of the act, whereas if the defendant is negligent he does not desire the consequences of his act but is indifferent or careless as to the consequences.

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