Williams, Michael ‘Mid Island Poultry Ltd. v Electrical Rewind Services Ltd. and Salter, John
Breach of contract - Negligence - Detinue & converstion - Whether claim for damages for negligence can properly be pursued in circumstances which are founded on a contractual agreement - Whether second defendant has propertly been made a party to claim - Failure to put forward reasons for denial of one aspect of claimant's claims - Effect of such failure.
Martin, Anthony v Bucknor, Eric and Jamaica Public Service Co. Ltd.
Negligence – Foreseeability – Occupier’s Liability – Breach of statutory duty – Volenti non fit injuria – Distinction between visitor and trespasser.
Recreational Holdings I (Jamaica) Limited v Lazarus, Carl and The Registrar of Titles Consolidated with Lazarus, Carl v Recreational Holdings I (Jamaica) Limited
Summary Judgment Applications – General principles to be applied by Court in respect of Summary Judgment Applications - Adverse possession – What constitutes adverse possession - Trespass to property – Common mistake of parties as to title to property – Both parties holding title – Adverse possession and lawful title – Acquiescence – Relationship between acquiescence and knowledge – Affidavit evidence – Need to state source of information and belief – Opinion evidence deposed to in Affidavit.
Lofters, Kirk v Attorney General and Deputy Superintendent Cleon March
Trespass to goods – Detinue – Measure of Damages for trespass to goods – Power of Search and seizure – Absence of reasonable or probable cause – Need to particularize Malice
East, Aston v Freckelton, George
Unless Order – Breach of Unless Order – Whether Court has discretion to extend time for compliance of Unless Order – Civil Procedure Rules 6.6, 6.6(1), 26.2(1), 26.1(2) (c) and 26.9. – Application dismissed – Cost to Claimant.
Duncan, Robert and Duncan,Jennie v Smith, Ralph
Contract for sale of property – Whether there was breach of contract by claimants or defendant – Failure by claimants to comply with terms of contract for sale of property – Termination of contract for sale of property – Effect of termination of contract for sale of property.
Gardner, Margaret v Gardner, Rivington (2)
Application for contempt for breach of a Court Order – What must be proven – Burden of proof – Standard of proof – Procedural requirements to be met – Part 53 of Civil Procedure Rules – Actus Reus and Mens Rea of civil contempt – Section 21(1) of Maintenance Act.
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