Witter, Alverine v Gore Development Limited and National Water Commission

Case Number: 
2011 HCV 05914
Neutral Citation: 
[2020] JMSC Civ 221
Date of Delivery: 
13.11.2020

Negligence – Damage to property – The duty of care owed by utility company to homeowner – Breach of the duty of care – Doctrine of res ipsa loquitur – Causation – Foreseeability of damage – Remoteness of damage – Basis on which damages are to be assessed – Whether special damages have been specifically pleaded and specifically proven – Quantum of damages – Whether the court should deviate from the breach date rule in the assessment of damages in the interest of justice

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