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Caricom Investments Limited and Caricom Hotels Limited et al v Natonal Commercial Bank Jamaica Limited and Rio Blanco Development Limited (In Receivership) et al

Case Number: 
SU2019 CD00231 (formerly C.L. 2005HCV1884)
Neutral Citation: 
[2022] JMCC Comm 3
Date of Delivery: 
07.01.2022

Misrepresentation -Whether there were false assertions by the receiver and/or the
mortgagee appointing him that, inter alia, the duplicate certificates of titles for lots
were lost or misplaced
Agency - Whether the receiver is the agent of mortgagee

Credibility - Assessment – absence of contemporaneous documents- effect
Breach of Contract – Whether breach of contract in, inter alia, not providing
duplicate certificates of title
Damages - Quantum – Whether negotiating damages appropriate – Basis of award
of damages where Court finds that damages were not proved but the claimant did
not receive what was contracted for.
 

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