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
    Police officer found dead
    Front Page
    Police officer found dead
    Webmaster 
    July 24, 2026
    Speculation is rife over the death of a police constable, who was found with a head wound in a wooded area close to the base of the Special Services U...
    Fire the  COP says Jomo Thomas
    Front Page
    Fire the COP says Jomo Thomas
    Webmaster 
    July 24, 2026
    In less than two months, a second lawyer has voiced displeasure with the performance of Commissioner of Police (COP) Enville Williams, with this one c...
    Front Page
    Barrouallie woman wants Mental Health policy review after brother’s attack
    Webmaster 
    July 24, 2026
    A resident of Barrouallie said there is need for urgent reforms to the way that psychiatric conditions are managed in St. Vincent and the Grenadines (...
    Legislation passed to benefit  non-pensionable public sector workers
    Front Page
    Legislation passed to benefit non-pensionable public sector workers
    Webmaster 
    July 24, 2026
    Non-pensionable public sector workers are expected to benefit from greater retirement security after Parliament on Tuesday, July 21, 2026 approved the...
    Government  promises funding as free secondary schools registration takes effect
    Front Page
    Government promises funding as free secondary schools registration takes effect
    Webmaster 
    July 24, 2026
    Minister of Education Phillip Jackson, has given the assurance that the government will make the necessary provisions for schools to bridge the defici...
    Magistrate lectures man whose father and uncle were murdered
    Front Page
    Magistrate lectures man whose father and uncle were murdered
    Webmaster 
    July 24, 2026
    Chief Magistrate Colin John, this week used an opportunity provided by the Serious Offences Court (SOC) to give advice to a man whose father and uncle...
    News
    GECCU disburses $thousands in  bursaries and scholarships
    News
    GECCU disburses $thousands in bursaries and scholarships
    Webmaster 
    July 24, 2026
    The General Employees’ Co-operative Credit Union (GECCU) has awarded 199 bursaries and 14 scholarships to successful students in the 2026 Caribbean Pr...
    PM Friday pays tribute to Sir Gary Sobers: ‘The Best Cricketer the World has ever seen’
    News
    PM Friday pays tribute to Sir Gary Sobers: ‘The Best Cricketer the World has ever seen’
    Webmaster 
    July 24, 2026
    Prime Minister Godwin Friday, has paid tribute to Barbadian cricketing great Sir Garfield Sobers, labelling him as the best cricketer the world has ev...
    Former GECCU Scholar urges new recipients to move forward with courage
    News
    Former GECCU Scholar urges new recipients to move forward with courage
    Webmaster 
    July 24, 2026
    Former General Employees’ Co-operative Credit Union (GECCU) scholarship recipient and now Barrister-at-Law, Kaylia Toney, has encouraged the 2026 scho...
    Three receive scholarships from the Agricultural Input Warehouse
    News
    Three receive scholarships from the Agricultural Input Warehouse
    Webmaster 
    July 24, 2026
    Three students who were successful at the 2026 CPEA examination have received scholarships from the Agricultural Input Warehouse (AIW) Limited. On Jul...
    Murals unveiled at the Arnos Vale Sports Complex
    News
    Murals unveiled at the Arnos Vale Sports Complex
    Webmaster 
    July 24, 2026
    The Ministry of Youth, Sports, Culture and Creative Industries has added another vibrant display of public art to St. Vincent and the Grenadines (SVG)...

    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