Category: Tort

NAVIGATING LIABILITY: THE UNSEAWORTHINESS OF THE FJORD WIND AND ITS LEGAL CONSEQUENCES

The Court of Appeal ruled in The Fjord Wind case that the vessel was unseaworthy at the time of departure from Rosario on 30.06.1990, due to known issues with the crankpin bearings that had not been adequately addressed. This unseaworthiness led to a main engine failure shortly after departure, necessitating the transhipment of cargo and incurring additional costs.

The court found the shipowners liable for damages, emphasizing their failure to exercise due diligence in maintaining the vessel’s seaworthiness. The ruling underscores the critical importance of thorough inspections and repairs in maritime operations, highlighting the legal responsibilities of shipowners to prevent unseaworthiness and related liabilities.

NEGLIGENCE – HOTEL LIABILITY: UNVEILING THE LEGAL RISKS IN NEGLIGENCE AND VICARIOUS LIABILITY CASES

In the hospitality industry, the duty of care owed by hotels to their guests is paramount. This legal update explores a scenario where a hotel’s failure to safeguard access to guest rooms leads to tragic consequences. It examines the potential negligence claim against a hotel employee and the broader implications of vicarious liability for the hotel and its owners. Drawing on relevant case law, we delve into the essential elements of negligence and the circumstances under which a hotel can be held responsible for the actions of its staff.

TORT – DAMAGES – TRESPASS TO LAND – BALANCING THE SCALES – ASSESSING FAIR DAMAGES FOR LAND TRESPASS

Illustrative Scenario X and Y own adjacent properties with a common border. X constructed buildings on his land, which encroached onto 0.28 hectares of Y’s land. The High Court ruled in favor of Y, finding X guilty of trespass and directing the Senior Assistant Registrar (SAR) to assess the damages payable. During the assessment proceedings, […]

TORT – TO COMPEL THE RETURN OF GOODS TO THE RIGHTFUL OWNER

What is mandatory injunction? Under what circumstances a person can be compelled to perform certain act? What are the evidence that the rightful owner needs to show in order to claim his goods back?

TORT – ALL ADVOCATES AND SOLICITORS ARE BOUND TO RETURN THE STAKEHOLDER SUM TO CLIENTS

ALL ADVOCATES AND SOLICITORS ARE BOUND TO RETURN THE STAKEHOLDER SUM TO CLIENTS

TORT LAW- DEFAMATION- FAIR COMMENT

Do fair comments made based on facts are not defamatory in nature?

TORT LAW- NEGLIGENCE- MEDICAL NEGLIGENCE

Does a doctor owe a duty of care to his patients?

CRIMINAL PROCEDURE – CHARGE – DEFECTIVE CHARGE

You were charged being in possession of a non-schedule weapon to which you pleaded guilty. The charge term was subsequently modified and was not communicated back to you. What are your legal rights?

TORT – DUTY OF CARE – BREACH OF DUTY

Can a police officer beat up detainees in the prison?

TORT – DUTY OF CARE – BREACH OF DUTY

Death or injury while in police custody – What duty the police have towards detainees?