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
    Voter numbers up by 5,400
    Front Page
    Voter numbers up by 5,400
    Webmaster 
    November 25, 2025
    THE FINAL LIST of eligible voters for the November 27, 2025 general elections stands at 103, 524. This is 5,405 persons more than those on the final l...
    Govt tax breaks trumps NDP’s promised VAT cuts – Camillo
    Front Page
    Govt tax breaks trumps NDP’s promised VAT cuts – Camillo
    Webmaster 
    November 25, 2025
    MINISTER OF FINANCE, Camillo Gonsalves, is of the firm view that the government’s tax initiatives and other adjustments that would allow workers to ke...
    NDP promises better life for Vincentians from Day-One
    Front Page
    NDP promises better life for Vincentians from Day-One
    Webmaster 
    November 25, 2025
    THE New Democratic Party (NDP) is promising that from their very first day in office, they will begin to create a better life for all of St Vincent an...
    CARICOM Elections Observer Mission on the ground in SVG
    Front Page
    CARICOM Elections Observer Mission on the ground in SVG
    Webmaster 
    November 25, 2025
    A 10-MEMBER Caricom Elections Observer Mission (CEOM), headed by Commissioner of Guyana Elections Sase R. Gunraj is in St Vincent and the Grenadines (...
    ULP been offering better plans for youths since 2001 – Brewster
    Front Page
    ULP been offering better plans for youths since 2001 – Brewster
    Webmaster 
    November 25, 2025
    MINISTER OFYOUTH Dr. Orando Brewster, has affirmed the youth of this nation and has declared that the Unity Labour Party (ULP) has offered better plan...
    Elections code holding, despite some challenges
    Front Page
    Elections code holding, despite some challenges
    Webmaster 
    November 25, 2025
    SECRETARY OF THE Christian Council, Godfrey Samuel, has noted that the work of the National Monitoring and Consultative Mechanism (NMCM),has been prog...
    News
    I am the best man for the job says ULP South Windward candidate
    News
    I am the best man for the job says ULP South Windward candidate
    Webmaster 
    November 25, 2025
    UNITY LABOUR PARTY (ULP) candidate for South Windward, Darron Rodan John has declared his commitment to education, youth empowerment, and infrastructu...
    Labour has not worked for Marriaqua, says NDP’s Jackson
    News
    Labour has not worked for Marriaqua, says NDP’s Jackson
    Webmaster 
    November 25, 2025
    WITH GENERAL ELECTIONS in St Vincent and the Grenadines less than one week away, New Democratic Party (NDP) candidate for Marriaqua, Phillip Jackson, ...
    Young people ‘do not squander this opportunity’ – NDP PRO
    News
    Young people ‘do not squander this opportunity’ – NDP PRO
    Webmaster 
    November 25, 2025
    THE YOUNG PEOPLE of St Vincent and the Grenadines (SVG), are being urged to make full use of the opportunity presented to them on Thursday November 27...
    Former President of NDP Youths switches platforms
    News
    Former President of NDP Youths switches platforms
    Webmaster 
    November 25, 2025
    FORMER YOUNG DEMS president, Vakeesha John, has switched her allegiance and on Sunday night November 23, 2025, mounted the platform of the Unity Labou...
    From the Courts, News
    Ottley Hall teen charged with murder of Riley teen
    Webmaster 
    November 25, 2025
    AN 18YEAR old male from Ottley Hall has been charged in the stabbing death of another 18-yearold. Romano Warren of Ottley Hall appeared at the Serious...

    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