Butler-Gilpin, Lynette v Cleveland Resorts Limited trading as El Grego Resort and Vanguary Security Limited

Case Number: 
2012HCV04442
Neutral Citation: 
[2020] JMSC Civ 14
Date of Delivery: 
05.02.2020

Whether the 1st and 2nd defendants were joint or concurrent tortfeasors – classification of the defendants as joint or concurrent tortfeasors is ultimately not significant in this case – critical factor in determining whether settlement with 1st defendant bars continuation of the claim against the 2nd defendant is the nature and intendment of the settlement – no evidence to substantiate that settlement was in partial not full satisfaction of claim – basic rule/principle, that settlement extinguishes claim against other tortfeasor, which prevents the injustice of double recovery, is not displaced – 2nd defendant’s security guards presence based on contract between the 1st and 2nd defendants which created and delineated their duties – security guards have no general duty to prevent crime over and above that of ordinary private citizens – absence of privity of contract between the claimant and the 2nd defendant – tortious liability in the circumstances of this case cannot exist independently of, or exceed that based on contract – discontinuance against 1st defendant and the absence of privity of contract between the claimant and the 2nd defendant fatal to the claim against the 2nd defendant

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