National Commercial Bank Jamaica Limited v Laing, Janene
Civil procedure – Breach of Contract - The Banking Services Act, The Consumer Protection Act - Whether the conduct and representations of the Claimant amount to negligence, negligent misstatement and/or breach of the implied duty of care and skill - Failure to exercise due diligence - Indemnity clauses - Implied terms in a contract - Unjust enrichment - Whether the Claimant is estopped from recovering the sums lost.
Muir, Garett v Rosedaley Foods Limited
Civil Procedure - Assessment of Damages - Failure of Defendant to provide full and frank disclosure - Whether adverse inferences should be drawn - Claimant unable to provide proof of income - Whether court can draw reasonable inferences to arrive at an appropriate award.
Knott Francis Eventures Limited v MC Prime Shine Corporate Touch Limited
Civil procedure – Breach of contract - Whether the Defendant is in breach of the covenant of quiet enjoyment - Trespass to property - Trespass to goods - Whether the Defendant is liable for conversion - Non-payment of rent.
Community and Workers of Jamaica Co-operative Credit Union Limited v Chamers,Al, Lascynth Chambers and Evett Hyatt
Civil procedure – Whether the Claimant disbursed the full sum of the loan- Whether the Claimant failed to act in good faith and/or was negligent in the exercise of its power of sale- Measure of damages - Whether market value or forced sale value relevant in calculation of damages - When is the set-off to be done.
ARC Systems Limited v Kong, Carris
Civil procedure - Breach of Contract - Whether a valid contract exists between the Claimant and the Defendant - Law of Agency - Remedies for breach of contract
Jacden Group of Companies Limited v South East Regional Health Authority and the Attorney General of Jamaica
<p>Civil Procedure- Request for Information – Application for specific disclosure – Litigation Privilege – what constitutes directly relevant information –The Data Protection Act</p>
New Horizon Christian Outreach Ministries Shavout International Holdings Company Limited
Civil procedure – Breach of contract - Whether the oral arrangement entered into between the Claimant and Defendant amounts to a lease or a licence - Elements of a lease and a licence - Exclusive possession- Certainty of rent - Certainty of duration- unjust enrichment - Damages for breach of contract and loss of business opportunity.
Kinghorn, Sean and K & K (Management and Holdings) Company Limited v Reverent Marlon Gowdie (trading as MJ Systems) and Janice Gowdie et al
Breach of Contract – Professional Negligence – Fraud – Ownership of Intellectual Property for Work done during Employment
Konki Overseas Jamaica Limited v M & M Jamaica Limited
Civil procedure – Breach of Contract - Whether the Defendant wrongfully terminated the Sub-contract - Whether the Claimant repudiated the Sub-contract - Whether the Claimant is entitled to damages for breach of contract - Loss of profit - Nominal damages
New Pineapple Shopping Centre Ja Limited v Dawkins Brown Trading as UHY Dawgen Chartered Accountant and UHY Dawgen Limited
Civil procedure – Breach of contract - Whether an agreement for a fixed term lease existed between the parties - Whether the Defendants are in breach of the Lease Agreement - Unstamped Lease Agreement - Whether the Claimant is in breach of the covenant for quiet enjoyment - Damages
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