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
    Destroyed Fishing Boat Found
    News
    Destroyed Fishing Boat Found
    Webmaster 
    February 19, 2026
    The remnants of the fishing vessel ‘Zouti’ Creole for tools, is found by a group of Saint Lucian fishermen in the Caribbean Sea, hours after it and it...
    US confirms strike against boat off SVG
    Front Page
    US confirms strike against boat off SVG
    Webmaster 
    February 17, 2026
    FISHERMEN and other users of the sea in St Lucia and St.Vincent and the Grenadines (SVG), are said to be on edge following a lethal US military strike...
    Opposition Leader questions silence of Caribbean leaders in face of on-going military strikes
    Front Page
    Opposition Leader questions silence of Caribbean leaders in face of on-going military strikes
    Webmaster 
    February 17, 2026
    OPPOSITION LEADER, Dr. Ralph Gonsalves, has taken the Dr. Godwin Friday-led government to task over its silence on the destruction of an apparent fish...
    Opposition response to Budget weak and confused – PM Friday
    Front Page
    Opposition response to Budget weak and confused – PM Friday
    Webmaster 
    February 17, 2026
    PRIME MINISTER Dr. Godwin Friday said the opposition responded to the New Democratic Party’s (NDP) fiscal package saying that it is going to make peop...
    Police Probe Valentine’s Day Brawl in Kingstown
    Front Page
    Police Probe Valentine’s Day Brawl in Kingstown
    Webmaster 
    February 17, 2026
    WHAT EXACTLY CAUSED a brawl that seemingly began in the Kentucky Fried Chicken (KFC) outlet on Bay Street and spilled onto the streets of Kingstown is...
    Major’s sights set firmly on eradicating gang culture in SVG
    Front Page
    Major’s sights set firmly on eradicating gang culture in SVG
    Webmaster 
    February 17, 2026
    DEPUTY PRIME MINISTER and Minister of National Security, Major St Clair Leacock, is firm in his resolve to rid St Vincent and the Grenadines of gang c...
    News
    Destroyed Fishing Boat Found
    News
    Destroyed Fishing Boat Found
    Webmaster 
    February 19, 2026
    The remnants of the fishing vessel ‘Zouti’ Creole for tools, is found by a group of Saint Lucian fishermen in the Caribbean Sea, hours after it and it...
    PM Friday used ChatGPT to write his budget speech – Gonsalves
    News
    PM Friday used ChatGPT to write his budget speech – Gonsalves
    Webmaster 
    February 17, 2026
    OPPOSITION LEADER Dr. Ralph Gonsalves, said Prime Minister Dr. Godwin Friday has used ChatGPT to help write his 2026 Budget speech. ChatGPT is describ...
    A Budget without Growth Drivers, says ULP Senator
    News
    A Budget without Growth Drivers, says ULP Senator
    Webmaster 
    February 17, 2026
    OPPOSITION SENATOR Carlos James, has issued a stark warning regarding the new government’s fiscal roadmap, characterising the 2026 Budget as a dizzyin...
    Redemptions Sharpes labourer charged with wounding
    From the Courts, News
    Redemptions Sharpes labourer charged with wounding
    Webmaster 
    February 17, 2026
    A 56-YEAR-OLD labourer of Redemption Sharpes who is charged with the offense of wounding, was granted bail when he appeared in court on Friday, Februa...
    New Administration plans to spread out cancer screening
    News
    New Administration plans to spread out cancer screening
    Webmaster 
    February 17, 2026
    THE GOVERNMENT HAS promised to implement screening and support this year for breast cancer, cervical cancer, as well as prostate and colon cancers. Th...

    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