Davis, Jacinth v Reid, Delroy and Topenga Properties (Jamaica) Limited

Tort – Negligence – Duty of Care – Breach of Duty – Nature of Duty of Care Owed – Whether Duty of Care Owed was Breached by the Defendant.
Civil Practice and Procedure – Pleadings – Particulars of Claim – Whether Claimant’s Particulars of Claim Properly Set out the Nature of the Duty Owed and Properly Pleaded the Fact of Breach - Civil Practice and Procedure – Civil Procedure Rules, Rule 8.9A – Whether Claimant set out the facts or factual allegations on which they intend to rely in their particulars of claim – Whether Evidence Presented at Court Is in accordance with the Pleaded Case – Whether Court can take cognizance of evidence of facts not pleaded.