Tort law at Trinidad and Tobago
Tort law in Trinidad and Tobago operates within a common law framework, influenced by English legal principles, and is governed by the Civil Proceedings Rules (CPR), 1998. These rules aim to ensure that cases are dealt with justly, expeditiously, and economically, with an emphasis on active judicial case management and encouraging early settlement of disputes .
⚖️ Key Tort Law Principles
Tort law in Trinidad and Tobago encompasses various areas, including negligence, nuisance, medical negligence, malicious prosecution, and vicarious liability.
1. Negligence
To establish negligence, a claimant must prove:
Duty of care owed by the defendant to the claimant;
Breach of that duty;
Causation linking the breach to the harm suffered;
Foreseeability of the harm .
The case of Jason Balbosa v Telecommunications Services of Trinidad and Tobago Limited (CV 2015-01128) illustrates the application of these principles in local jurisprudence .
2. Nuisance
Nuisance involves interference with the use or enjoyment of land. In Leynan Rodulfo v Arima Borough Corporation (CV2016-01369), the court emphasized that for a claim in private nuisance, the interference must be:
Substantial;
Unreasonable;
Proven to have caused harm to the claimant .
3. Medical Negligence
Medical practitioners are required to exercise reasonable skill and care. A deviation from accepted medical standards leading to harm may result in liability. The claimant must prove:(HG.org)
Duty of care;
Breach of that duty;
Causation of harm .
4. Malicious Prosecution
To succeed in a claim for malicious prosecution, the claimant must establish:
Initiation of criminal proceedings by the defendant;
Favorable termination of those proceedings for the claimant;
Absence of reasonable and probable cause;
Malice on the part of the defendant;
Damage suffered by the claimant .
5. Vicarious Liability
Employers may be held vicariously liable for torts committed by employees during the course of employment. The claimant must prove:
Existence of an employer-employee relationship;
Commission of a tort by the employee;
Tort committed during the course of employment .
🏛️ Civil Litigation Process
The CPR emphasizes:
Active case management by judges;
Encouragement of early settlement through pre-action protocols and alternative dispute resolution (ADR) mechanisms
Timely resolution of cases to reduce delays and costs .
The judiciary has also implemented court-annexed mediation programs to facilitate amicable settlements .
📚 Further Reading
For a comprehensive understanding of tort law in the Caribbean context, including Trinidad and Tobago, consider the following resource:
Commonwealth Caribbean Tort Law by Gilbert Kodilinye: This book provides an in-depth analysis of tort law principles and case law in the Caribbean, offering valuable insights for students and practitioners alike.
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