2012

National Commercial Bank Jamaica Limited and Jamaica Redevelopment Foundation Inc. v Scotia Bank Jamaica Trust and Merchang Bank Ltd.

Whether person, by signing letter purporting to “confirm his agreement” to terms of letter allegedly giving undertaking, is to be considered as having given undertaking - Whether unilateral contract may be effected in such manner - Whether consideration supplied or whether privity of contract established - Whether circumstances of particular relationship may give rise to duty of care - Whether representation of present fact intended to be acted upon and which is acted upon by another party may amount to a warranty and give rise to liability in damages - Expert evidence under the CPR.

Kavanaugh, Peter v The Attorney General and Det. Inspector Lawes, Carey

Application to strike out defence - Whether particulars of claim shoud have been filed - Whether defence filed and served within time allowed by claimant's Attorneys-at-law - Whether defence filed in keeping with rules of court - The overriding objective - Civil Procedure Rules - Rules 1,3,12,8,10.5 & 26.

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