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
      • 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
      • 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
      • 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
    Vincentians  celebrate African  Heritage
    Front Page
    Vincentians celebrate African Heritage
    Webmaster 
    August 7, 2026
    The Department of Culture is regarding this year’s Emancipation Month celebrations as presenting an opportunity for Vincentians to reflect on their Af...
    No bail for man charged with  ‘Savage’ murder
    Front Page
    No bail for man charged with ‘Savage’ murder
    Webmaster 
    August 7, 2026
    A Georgetown man, whose lawyer requested bail on the same premise as the historic Antonique Thomas ruling, was denied bail after he allegedly shot a m...
    PM urges VINLEC to be mindful of consumers
    Front Page
    PM urges VINLEC to be mindful of consumers
    Webmaster 
    August 7, 2026
    Prime Minister and Minister of Finance, Godwin Friday, is urging the St. Vincent Electricity Services Limited (VINLEC) to be mindful of consumers as V...
    Watchman escapes gunman in Kingstown Cemetery shooting
    Front Page
    Watchman escapes gunman in Kingstown Cemetery shooting
    Webmaster 
    August 7, 2026
    Residents of Rose Place/Bottom Town, no strangers to gunshots, were last Wednesday, August 5, 2026 greeted by the familiar sound of heated projectiles...
    Biggest Party in Sports comes to town
    Front Page
    Biggest Party in Sports comes to town
    Webmaster 
    August 7, 2026
    The Arnos Vale Playing Field will take on a Carnival like setting, from today, Friday, August 7 to Sunday, August 9, 2026, as the Republic Bank Caribb...
    Man succumbs to injuries after Police-involved shooting
    Front Page
    Man succumbs to injuries after Police-involved shooting
    Webmaster 
    August 7, 2026
    A man who is said to have grabbed/stolen money from a bingo event and later brandished a cutlass when approached by a police officer was shot, and lat...
    News
    Scotsman shot dead in Canouan to be buried at home, Friday, August 21
    News
    Scotsman shot dead in Canouan to be buried at home, Friday, August 21
    Webmaster 
    August 7, 2026
    Funeral plans have been announced for former international peacekeeper Daniel “Danny” Vettrino, from Dysart, Fife, who was shot dead in Canouan, on We...
    South Leeward and Central Kingstown have highest number of males in prison
    News
    South Leeward and Central Kingstown have highest number of males in prison
    Webmaster 
    August 7, 2026
    Inmates from South Leeward and Central Kingstown constitute over a quarter of the male prison population in St. Vincent and the Grenadines (SVG). The ...
    Splectron launches online shopping mall
    News
    Splectron launches online shopping mall
    Webmaster 
    August 7, 2026
    Have you ever wanted to buy an item or access a service in St Vincent and the Grenadines (SVG) and have no idea where to turn? Regis “Splectron” Willi...
    China invests US$ 66 million to boost Barbados’ climate resilience and sustainable development
    News, Regional / World
    China invests US$ 66 million to boost Barbados’ climate resilience and sustainable development
    Webmaster 
    August 5, 2026
    The Embassy of the People’s Republic of China, through its Embassy in Barbados, has highlighted to regional journalists several major development init...
    SVG EX Teachers present movie projector to J.P Eustace Memorial
    News
    SVG EX Teachers present movie projector to J.P Eustace Memorial
    Webmaster 
    August 4, 2026
    THE DR J.P EUSTACE Memorial Secondary School, on Tuesday, July 21, 2026, was the recipient of a movie projector, compliments the St Vincent and the Gr...

    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