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A world-class judiciary utilizing innovation and technology for efficient service delivery.

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To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

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Case Number
2014 HCV 00645
Year
Neutral Citation
[2022] JMSC Civ 121
Date of Delivery

Tort – Breach of statutory duty – Whether a statutory duty of care is imposed on the highway authority – Whether the highway authority breached the statutory duty – Liability of highway authority Occupiers’ liability – Common duty of care – Degree of care – Use of the highway – Motorist injured while using the highway – Unidentified object thrown by unidentified persons from overhead bridge along the highway –Object impacted motorist – Whether the highway is considered to be premises in accordance with the statute – Whether the highway authority is an occupier – Whether motorist is a visitor – Whether motorist is a visitor of the highway authority – Liability of highway authority


Negligence – The duty of care owed by the highway authority to the lawful users of the highway – Whether the highway authority breached the duty of care – Liability of the highway authority


Res ipsa loquitur – Doctrine of – Whether the doctrine of res ipsa loquitur applies


Contract – Whether contract created between the highway authority and a user of the highway – Whether the highway authority owes a duty of care to a user of the highway by virtue of contract – Whether the highway authority is in breach of contract – Liability of highway authority


The Toll Roads Act, 2001, section 16, The Occupiers’ Liability Act, 1969, sections 2 and 3, Main Roads Act, sections 4(1) and 4(2), 5(1)(a) and 5(1)(b)

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