2009

NEGLIGENCE - OVERTURNING TRUCK - WHETHER DEFENDANT

LIABLE - WHETHER NECESSARY TO CHALLENGE WITNESS ON ANY

PART OF TESTIMONY NOT ACCEPTED - THE RULE IN BROWNE v

DUNN - LOSS OF FUTURE EARNINGS - LOSS OF EARNING

CAPACITY - FUTURE MEDICAL CARE

APPLICATION UNDER THE PROPERTY (RIGHTS OF SPOUSES) ACT -

SECTIONS 2, 4, 6, 8, 10, 11, 13 AND 14 OF THE PROPERTY

(RIGHTS OF SPOUSES) ACT - WHETHER APPLICATION CAN BE MADE

UNDER SECTIONS 11 AND 13 - WHETHER SAME PRINCIPLES IN

RESPECT OF SPOUSES APPLY UNDER BOTH SECTIONS - SElTING

ASIOE OF TRANSACTION - FACTORS CONSIDERE0 - MEANING OF

SEPARATION AND NO REASONABLE LIKELIHOOO OF

RECONCILIATION

Assessment of Damages – False Imprisonment- Malicious Prosecution- Assault and battery – Claim for Exemplary Damages.

Negligence - Vicarious Liability

The Property (Rights of Spouses) Act - Application for

Extension of Time written to bring action - Time within which

Application to be made

Claim in negligence or breach of duty under Occupiers'

Liability; Claimant's husband drowned while snorkeling

off Negril Coast while guest at Xtabi Resort; whether

proper defendants sued; whether deceased was warned of

dangers; whether breach of duty on the part of

defendants or either of them; Whether deceased

accepted risk of swimming in rough seas; whether Act of

God; whether witness credible in light of previous

inconsistent statement; causation/foreseeability in Tort

Law.

MORTGAGEE RESTRAINED FROM EXERCISING POWER OF SALE ON

EX PARTE APPLICATION - WHETHER INJUNCTION SHOULO REMAIN

UNTIL TRIAL - CONDITION OF GRANTING INJUNCION -

BORROWER OEFAULTING - LEGAL OWNERS OF PROPERTY USED TO

SECURE LOAN NOT THE BORROWER - ALLEGATION THAT LEGAL

OWNERS SIGNATURES FORGED ON DOCUMENTS AUTHORISING

USE OF PROPERTY AS SECURITY