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By Gilbert Kodilinye

ISBN-10: 1859417272

ISBN-13: 9781859417270

This paintings is now good proven as the leading textual content on tort legislation within the zone, and this 3rd variation accommodates the latest advancements in legislation and criminal considering.

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Example text

Again, if A wilfully damages B’s goods, he is liable for the crime of malicious damage to property and for the tort of trespass to chattels. The effect in such cases is that the civil and criminal remedies are not alternative but concurrent, each being independent of the other. The wrongdoer may be punished by imprisonment or fine, and he may also be compelled in a civil action for tort to pay damages to the injured person by way of compensation. 4 2 3 4 Fifoot, History and Sources of the Common Law, 1949, London: Stevens, p 45.

In Hibbert v AG (1988) Supreme Court, Jamaica, No CL H-187 of 1982 (unreported), Gordon J held that the production of a letter from the Director of Public Prosecutions, indicating that no criminal prosecution for assault was advised, satisfied the rule in Smith v Selwyn. In Buckle v Dunkley (1966) Court of Appeal, Jamaica, Civ App No 29 of 1965 (unreported), it was held that if the victim of an alleged felony reports the facts to the police and the latter decide not to prosecute, the victim is entitled to go ahead with his civil action, since he will have taken all the steps that the law requires him to take to procure the prosecution of the alleged offender.

Again, if A wilfully damages B’s goods, he is liable for the crime of malicious damage to property and for the tort of trespass to chattels. The effect in such cases is that the civil and criminal remedies are not alternative but concurrent, each being independent of the other. The wrongdoer may be punished by imprisonment or fine, and he may also be compelled in a civil action for tort to pay damages to the injured person by way of compensation. 4 2 3 4 Fifoot, History and Sources of the Common Law, 1949, London: Stevens, p 45.

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Commonwealth Caribbean Tort Law by Gilbert Kodilinye


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