By Gilbert Kodilinye
This paintings is now good verified as the leading textual content on tort legislation within the quarter, and this 3rd version accommodates the latest advancements in legislations and criminal pondering.
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Extra info for Commonwealth Caribbean Tort Law
8 Commonwealth Caribbean Tort Law that, in practice, all jurisdictions in the Commonwealth Caribbean today apply the common law of England, including the law of torts, as modified by local statutory provisions. 18 Antigua There is no general statutory reception provision. The original settlers are deemed to have taken with them English law in force in 1632. ) The Summary Jurisdiction Act, Cap 80 and the Supreme Court Act, Cap 81, by their terms assume that the rules of common law and equity apply.
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. This distinction may be misleading, however, for, in the first place, although it is true that duties in contract are created by agreement between the parties themselves, nevertheless parties to a contract are also subjected to those underlying rules of contract which the law imposes upon them.
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 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. Chapter 1: Introduction 5 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).