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 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 if basically conceived as a textual content for college students examining for the LLB measure within the West Indies, practitioners may still locate the booklet necessary within the manner during which it brings to gentle many hitherto unreported decisions.
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Extra resources for Commonwealth Caribbean Tort Law: Text, Cases & Materials
Lastly, it is pointed out that the court has power in certain very limited circumstances to award ‘exemplary’ or ‘punitive’ damages against a tortfeasor. However, the ‘deterrent’ theory has two main weaknesses. In the first place, the general principle of the law of negligence that a person has a duty ‘to take reasonable care’ is too vague to have any realistic impact on most persons’ standard of behaviour. Secondly, the deterrent theory fails to take into account that, in practice, tort damages will most often be paid by the tortfeasor’s insurers on the terms of his liability insurance policy.
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.
Whether the plaintiff is claiming damages or an injunction, he must first prove that the defendant has committed a recognised tort, for the law of torts does not cover every type of harm caused by one person to another. The mere fact that D’s act has caused harm to P does not in itself give P a right to sue D. P must go further and show that D’s act was of a type which the law regards as tortious. TORT DISTINGUISHED FROM OTHER LEGAL CONCEPTS Tort and crime The main purpose of the criminal law is to protect the interest of the public at large by punishing those found guilty of crimes – generally by means of imprisonment or fines, and it is those types of conduct which are most detrimental to society and to the public welfare which are treated as criminal.