Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Physical Planning Department launches full investigation
    Front Page
    Physical Planning Department launches full investigation
    Webmaster 
    September 11, 2026
    The Physical Planning Department has mounted an investigation into the destruction of the Canash Mangrove which is part of a protected conservation ar...
    Questelles Government School celebrates legacy of retired Principal
    Front Page
    Questelles Government School celebrates legacy of retired Principal
    Webmaster 
    September 11, 2026
    THE Questelles Government School community is celebrating the legacy of its beloved principal Donnette Abbott-Ferdinand, who officially entered retire...
    Environmentalists decry destruction of Canash Mangrove
    Front Page
    Environmentalists decry destruction of Canash Mangrove
    Webmaster 
    September 11, 2026
    THE EXCAVATION WORK along the Canash Bay that has destroyed a stand of mangrove, has evoked reaction from local environmentalists who have made their ...
    Questions continue over sale of lands at Chatham Bay
    Front Page
    Questions continue over sale of lands at Chatham Bay
    Webmaster 
    September 11, 2026
    THE SALE OF Chatham Bay, Union Island, by the New Democratic Party (NDP) administration to an entity referred to only as AHRA LLC, has become one of t...
    ACP Smith wants senior citizens to be protected “at all cost”
    Front Page
    ACP Smith wants senior citizens to be protected “at all cost”
    Webmaster 
    September 11, 2026
    ELDERLY PEOPLE IN the country must be protected at all cost is the clear message from acting Assistant Commissioner of Police (ACP) with responsibilit...
    Richland Park Primary gets new computer lab
    Front Page
    Richland Park Primary gets new computer lab
    Webmaster 
    September 11, 2026
    THE STUDENTS AND staff of the Richland Park Government School have been encouraged to never allow their circumstances to determine the size of their d...
    News
    Police need warrants to search cell phones – Officers
    News
    Police need warrants to search cell phones – Officers
    Webmaster 
    September 11, 2026
    A POLICE OFFICER investigating a crime in St Vincent and the Grenadines (SVG) cannot, by law, conduct a search of a cellular device, without a warrant...
    News
    Ministry of Education releases CSEC after completion of review
    Webmaster 
    September 11, 2026
    by JADA CHAMBERS THE MINISTRY OF EDUCATION and National Reconciliation has released the updated preliminary results for the May–June 2026 Caribbean Se...
    Consultant charged with three counts of deception
    From the Courts, News
    Consultant charged with three counts of deception
    Webmaster 
    September 11, 2026
    THE POLICE, on September 5, 2026, arrested and charged Liane Jaxon-Defreitas, a 33-year-old consultant of Green Hill, with three counts of deception. ...
    The public chose Assistant Police Superintendent Oliver as their man
    News
    The public chose Assistant Police Superintendent Oliver as their man
    Webmaster 
    September 11, 2026
    THE VINCENTIAN PUBLIC has chosen Assistant Superintendent of Police (ASP) Lyndon Oliver, as the most outstanding police officer in St Vincent and the ...
    Murals enhance Villa/ Calliaqua stretch
    News
    Murals enhance Villa/ Calliaqua stretch
    Webmaster 
    September 11, 2026
    A CONSPICUOUS addition to the area between the Aquatic Club gap to the entrance near the French Verandah Restaurant on the coastal Villa stretch, has ...

    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