Commonwealth Caribbean Tort Law: Text, Cases & Materials PDF
Preview Commonwealth Caribbean Tort Law: Text, Cases & Materials
COMMONWEALTH CARIBBEAN TORT LAW Second Edition CC PP CCaavveennddiisshh PPuubblliisshhiinngg LLiimmiitteedd London • Sydney COMMONWEALTH CARIBBEAN TORT LAW Second Edition Gilbert Kodilinye, MA, LLM, Barrister Professor of Property Law University of the West Indies C P Cavendish Publishing Limited London • Sydney Second edition first published in Great Britain 2000 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0) 20 7278 8000 Facsimile: +44 (0) 20 7278 8080 E-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com © Kodilinye, G 2000 First edition 1995 Second edition 2000 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the prior permission in writing of the publisher. Kodilinye, Gilbert Commonwealth Caribbean tort law – 2nd ed 1 Torts – Caribbean Area I Title II Tort 346.7'29'03 ISBN 1 85941 539 3 To Vanessa PREFACE The law of torts is an area of primary importance in the study and practice of the common law in the Caribbean. This work has been conceived as a basic text and case book for students of tort law in the various institutions of higher learning in the region, and in particular for those reading for the LLB degree. It is hoped that practitioners will also find the book useful as a work of reference, particularly with regard to the accounts of unreported cases which might otherwise be unobtainable or inaccessible. Although conceived primarily for lawyers, it is hoped that the work will also be of interest to those business executives, insurance agents, industrialists and journalists who may require some knowledge of this most important area of the law. The contents of the book have been dictated to some extent by the availability or otherwise of Caribbean case law on the various topics. Those areas in which local litigation and materials are negligible or non-existent have been summarised or omitted, whilst those which have been frequently litigated have been given extended treatment. The emphasis throughout the book is on those topics which are of most relevance and importance in the West Indian society, and the cases extracted are those which most clearly explain and illustrate the application of tort principles in the Caribbean context. This second edition incorporates all the relevant new case law (mostly unreported) appearing since 1994, including important decisions in the areas of malicious prosecution, negligence, nuisance and defamation. I am extremely grateful to Mr Timothy Alleyne for his sterling work in researching recent unreported West Indian judgments on torts for this edition, and to my lovely wife, Vanessa Kodilinye (Attorney at Law, Barbados), who patiently and cheerfully assisted me in incorporating additional material for the new edition and made many useful suggestions for improving the text. Lastly, I should like to thank the staff at Cavendish Publishing for again producing an excellent finished product. Gilbert Kodilinye Faculty of Law University of the West Indies Cave Hill Campus, Barbados June 2000 vii CONTENTS Preface vii Table of Cases xv Table of Statutes li 1 INTRODUCTION 1 DEFINITION 1 TORT DISTINGUISHED FROM OTHER LEGAL CONCEPTS 1 Tort and crime 1 Tort and contract 3 DAMNUM SINE INJURIA 5 INJURIA SINE DAMNO 6 THE FORMS OF ACTION 6 INTENTION AND NEGLIGENCE 7 STRICT LIABILITY 8 MOTIVE AND MALICE 8 RECEPTION OF THE LAW OF TORTS IN THE CARIBBEAN 9 Antigua 10 The Bahamas 10 Barbados 10 Dominica 10 Grenada 11 Guyana 11 Jamaica 11 St Lucia 12 Trinidad and Tobago 12 2 TRESPASS TO THE PERSON 13 INTRODUCTION 13 Assault and battery distinguished 13 ASSAULT 14 Words 15 BATTERY 16 DEFENCES TO ASSAULT AND BATTERY 17 Defence of person or property 17 Parents’ and teachers’ authority 18 Consent 19 Assessment of damages for assault and battery 20 FALSE IMPRISONMENT 22 LAWFUL ARREST 29 Arrest with warrant 30 Arrest without warrant 30 ix
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