Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
September 13, 2013

Ordinary English words

Seemingly ordinary English words have important and specific implications in our laws.

Damages

This word is popularly used in civil law and features in almost all cases dealt with by the court, because most people go to court to retrieve money owed to them, or to get the court to compel the other party to pay a sum of money for various reasons. Black’s Law Dictionary describes damages as “compensation in money for a loss or damage. Damage being any loss, injury or deterioration, caused by negligence, design or accident of one person to another in respect of the latter’s person or property.”{{more}}

Damages may be not only compensatory, but also punitive; that is, damages could be awarded as a means of punishment for outrageous conduct to deter future behaviour. There is one type of damages known as nominal damages, where the award is a trifling sum, because there is no substantial loss or injury to be compensated. Direct loss often comes from the breach of a contract. Once you have breached or broken certain clauses of a contract that you have made with another, there would be consequences for the breach. The law speaks of liquidated and unliquidated damages. That is, while the first refers to ascertained money, the other is not reduced to certainty in terms of the amount of money.

The law requires the plaintiff to mitigate damages. This means that one has to avoid, as much as possible, further damages after the breach of a contract. For example, if a tenant breaches the rental agreement earlier, one could find another tenant, rather than charging the unfinished term to the person who breaches.

Offer and acceptance

These are at the very centre of a valid contract and are essential for a contract to be binding.

In a contract, there must be offer, acceptance, consideration and no defenses to the formation of the contract. The offer and acceptance constitute a meeting of the minds. A person offers to buy a house and the seller accepts his price. There are an offer and an acceptance and the contract is valid, as long as there is consideration; that is, one person gets money, the other gets a property and there are no defenses to the formation of the contract. This is the mirror image doctrine at common law. If the buyer suggests another price, then there is a counter offer; if the seller accepts the counter offer, then a valid contract is formed.

Consideration

Consideration is described as something for something and constitutes the money and the hardware in the contract. Black’s Dictionary describes consideration as the inducement to a contract, the cause, the motive, price of impelling influences, which induce a contracting party to enter the contract. It constitutes some right, interest, profit or benefit accruing to one party or some forbearance, detriment or loss responsibility given, suffered or undertaken by the other. In a deed of gift the consideration for the gift is “love and affection.” Consideration could be good, adequate or valuable, express or implied and there could be a failure of consideration.

Undue influences

This is using some improper conduct to force a person to do something that is illegal. For example, this might be used by a person who forces a person to leave property or money in his/her will for him. Black’s Dictionary refers to it as conduct where a person, through his power over the mind of a testator, causes him to do what he would not otherwise have done, but for such dominion and control.

 Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Elreka Gaymes is Miss SVG 2026
    Front Page
    Elreka Gaymes is Miss SVG 2026
    Webmaster 
    June 2, 2026
    Miss St Vincent and the Grenadines (SVG) 2026 Elreka Gaymes is expected to reign for a year and will be striving to show strength, kindness, resilienc...
    Solid waste manager  warns against illegal dumping of waste
    Front Page
    Solid waste manager warns against illegal dumping of waste
    Webmaster 
    June 2, 2026
    Solid Waste Manager, Tahj Marksman, is reminding the public of the hefty penalties that can be imposed on persons caught illegally dumping waste, as h...
    Weekend of tragedy strikes  St Vincent and the Grenadines
    Front Page
    Weekend of tragedy strikes St Vincent and the Grenadines
    Webmaster 
    June 2, 2026
    Last weekend, May 29 to 31, 2026, was a tumultuous one in St Vincent and the Grenadines (SVG) with four unnatural deaths, including the 17th local hom...
    Vermont man charged for murder, remanded
    Front Page
    Vermont man charged for murder, remanded
    Webmaster 
    June 2, 2026
    A Vermont man was remanded in custody after he was charged with murdering a Fitz Hughes man by stabbing him to death. Kemarl Small appeared at the Ser...
    Alleged attacker of Nadia Slater and her aunt granted bail
    Front Page
    Alleged attacker of Nadia Slater and her aunt granted bail
    Webmaster 
    June 2, 2026
    The Clare Valley man who is alleged to have attempted to murder the aunt of Acting Director of the Agency for Public Information(API) Nadia Slater, ha...
    Fisherman’s Day winners receive their prizes
    News
    Fisherman’s Day winners receive their prizes
    Webmaster 
    June 2, 2026
    Winners in this year’s Fisherman’s Day competition received their prizes at a special ceremony on Thursday, May 29, 2026, four days after the big fish...
    News
    Fisherman’s Day winners receive their prizes
    News
    Fisherman’s Day winners receive their prizes
    Webmaster 
    June 2, 2026
    Winners in this year’s Fisherman’s Day competition received their prizes at a special ceremony on Thursday, May 29, 2026, four days after the big fish...
    Sea resources are not limitless warns Minister
    News
    Sea resources are not limitless warns Minister
    Webmaster 
    June 2, 2026
    Statistics relating to the fisheries sector demonstrate evidence of recovery and determination by fisherfolk, but there is also warning signs that req...
    Community College student gains hands-on internship experience at NPBRA
    News
    Community College student gains hands-on internship experience at NPBRA
    Webmaster 
    June 2, 2026
    Nyehma Jack, a year two student at the Technical Division of the St Vincent and the Grenadines Community College (SVGCC), has been gaining hands-on ex...
    VINLEC cooperating with electrocution investigation
    News
    VINLEC cooperating with electrocution investigation
    Webmaster 
    June 2, 2026
    The St Vincent Electricity Services (VINLEC), is undertaking an investigation in the wake of the death of Clias Dean in Bequia on Sunday, May 31, 2026...
    Kenton Chance presents Letter of Credence as SVG’s Ambassador to Taiwan
    News
    Kenton Chance presents Letter of Credence as SVG’s Ambassador to Taiwan
    Webmaster 
    June 2, 2026
    Journalist Kenton Chance, on Thursday, May 28, 2026 presented his Letter of Credence as the Ambassador Extraordinary and Plenipotentiary of St Vincent...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok