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
      • Privacy Policy
      • 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
      • Privacy Policy
      • 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
    Leacock calls on youth to get off the block and find work
    Front Page
    Leacock calls on youth to get off the block and find work
    Webmaster 
    February 3, 2026
    DURING A RECENT meeting between government and several members of the private sector, business people repeatedly mentioned a shortage of workers, part...
    Some workers reinstated after vaccine mandate feel shortchanged after getting ‘small’ bonuses
    Front Page
    Some workers reinstated after vaccine mandate feel shortchanged after getting ‘small’ bonuses
    Webmaster 
    February 3, 2026
    A JANUARY 26, 2026 dated memo signed by the Director of Finance and Planning and addressed to all permanent secretaries and heads of departments advis...
    700 people still in gov’t paid housing, says Leacock
    Front Page
    700 people still in gov’t paid housing, says Leacock
    Webmaster 
    February 3, 2026
    GOVERNMENT SAYS it cannot just “throw out” people who are still in rental housing being paid for by the public purse, but also acknowledges that this ...
    Niece urges uncle’s alleged daughter to return his US$98,000
    Front Page
    Niece urges uncle’s alleged daughter to return his US$98,000
    Webmaster 
    February 3, 2026
    GRACIE GONSALVES,THE niece of Vincentian dementia and Alzheimer’s patient Hermus George is calling on a woman who claimed to be George’s biological da...
    Man who threatened to kill Massy employee placed on bond
    Front Page
    Man who threatened to kill Massy employee placed on bond
    Webmaster 
    February 3, 2026
    A BELAIR MAN, who claimed that he was under the influence of alcohol when he pointed a knife at a Massy Stores employee, and threatened to “slash” her...
    New positions added to Ministry of National Security
    News
    New positions added to Ministry of National Security
    Webmaster 
    February 3, 2026
    A TOTAL OF 66 new positions have been added to the Ministry of National Security to help combat crime in St Vincent and the Grenadines. Prime Minister...
    News
    New positions added to Ministry of National Security
    News
    New positions added to Ministry of National Security
    Webmaster 
    February 3, 2026
    A TOTAL OF 66 new positions have been added to the Ministry of National Security to help combat crime in St Vincent and the Grenadines. Prime Minister...
    Minister of Airports and Seaports promises to take care of Southern Grenadines’ needs
    News
    Minister of Airports and Seaports promises to take care of Southern Grenadines’ needs
    Webmaster 
    February 3, 2026
    LONG SERVING MEMBER of Parliament for the Southern Grenadines, Terrance Ollivierre, has promised to never disappoint the people who have been electing...
    Redemption Sharpes man pleads guilty to stealing ginger
    From the Courts, News
    Redemption Sharpes man pleads guilty to stealing ginger
    Webmaster 
    February 3, 2026
    A REDEMPTION SHARPES man was jailed, given a suspended sentence and was ordered to pay compensation for stealing $800 worth of ginger. Glenroy Holder ...
    Community College launches its 2026 “World of Work” Programme
    News
    Community College launches its 2026 “World of Work” Programme
    Webmaster 
    January 30, 2026
    The St.Vincent and the Grenadines Community College (SVGCC), said it officially launched its 2026 World of Work (WOW) Programme on January 23, 2026. N...
    Two members welcomed to The Alliance for Primary Health Care in the Americas
    News
    Two members welcomed to The Alliance for Primary Health Care in the Americas
    Webmaster 
    January 30, 2026
    THE ALLIANCE FOR PRIMARY HEALTH CARE (PHC), in the Americas, a joint initiative of the Pan American Health Organization (PAHO), the World Bank (WB), a...

    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