Fraudulent misrepresentation - Representation that defendant was a lawyer – concealment of the nature of document for execution. Counterclaim for malicious prosecution of civil proceedings – False imprisonment – Unlawful search – Defamation – Psychological distress.
Breach of Contract - Sale of townhouse – Enforceability of unstamped Agreements for Sale – Consideration – Ascertainability of consideration – Variation of written documents by oral evidence – Constructive trust – Part performance – Proprietary estoppel - Stamp Duty Act, ss. 36, 43, 44 and 45 - Registration of Titles Act, s. 135. Statute of Frauds.
Tort - Passing Off – Continuous user of name – Ownership of name - Ownership of goodwill – Secondary meaning of name – Whether misrepresentation in use of name – Damage – Remedies. Companies Act section 107.
Tort Passing Off – Continuous user of name – Ownership of name - Ownership
of goodwill – Secondary meaning of name – Whether misrepresentation in use of
name – Damage – Remedies. Companies Act section 107.
Negligence - Negligent misstatement – Age of motor vehicle – Duty of Trade
Administrator to verify year before issuing licence – Duty of Commissioner of
Customs to verify age during assessing of import duty – Whether Island Traffic
Authority to decode chassis number before issuing certificate of fitness – Motor
vehicle assessor’s duty of care – Whether assessor breached its duty of care –
Standard of care – Ancillary claim – Ancillary claim tried after release and
discharge without admission of liability. CPR 18.
Constitutional law - Right to a fair hearing within a reasonable time- Delay/impossibility of a judgment being delivered - Reasonable time guarantee- Remedies for breach of the section 16(2) right – Damages - Measure of damages - Whether summary assessment of the nominate torts would be an appropriate remedy – Costs - Costs thrown away – Section 16(2) the charter of fundamental rights and freedom
Constitutional law –– Freedom of expression – Freedom of religion – Equality
before the law – Right of every child to such measures of protection as are required
by virtue of the status of being a minor as part of the family – Right of a child to
publicly funded tuition in a public educational institution at the pre-primary and
primary levels – Equitable and humane treatment – Respect for and protection of
private and family life and privacy of the Home – Freedom from discrimination –
Compensation for mesne profits - Whether compensation includes the award of
interest - Award of interest - Whether Registrar has discretion to award interest –
Whether the compensation for mesne profits attracts interest payable on judgment
debts - Judicature (Supreme Court) Act ss. 12 and 51. Judicature (Supreme Court)
Additional Powers of Registrar Act ss. 3 (1) and 5 (1) - Law Reform (Miscellaneous
Provisions) Act - Civil Procedure Rules 12, 14 and 65.23.
Insurance law - Breach of insurance contract – Whether claimant breached the
terms of the policy – Incorporation of terms and conditions - Whether failure to
refer claim to arbitration is fatal. Motor Vehicles Insurance (Third-Party Risks) Act
sections 2 and 4. Arbitration Act s.5. Arbitration Act, 2017 s. 5.
