24 April

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WHAT IS BREACH OF MARRIAGE PROMISE?

Breach of Marriage Promise A common-law right of action for breaking a commitment to enter into matrimony. The right of action for breach of a marriage promise has been abolished in a majority of states. Agreement to Marry An agreement to marry is different from all other contractual relations. The reason for this is that both its object and the relationship created between the parties are completelydifferent from those of any other contract. In order to recover for breach of promise, the plaintiff must establish that the two parties had a valid existing contract to marry. This can beaccomplished by a showing that both...

24 April

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WHAT IS ALIMONY?

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in Laws of Trinidad and Tobago

Alimony Payment that a family court may order one person in a couple to make to the other person when that couple separates or divorces. The purpose of alimony is to avoid any unfair economic consequences of a Divorce, even after property is divided and Child Support, if any, is awarded. Courts set few specificguidelines to attaining this broad goal: instead of telling judges how and when to award alimony, most courts simply grant them broad discretion to decide what is fair in eachcase.For example, suppose two individuals who married in 1985 agree in 1995 to divorce. At the time of the...

24 April

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LAWYER CALLS FOR NEC PROBE

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in Case Histories

Concerns have been raised regarding the procedures and processes employed by the National Energy Corporation (NEC) regarding tender for the provision of general maintenance services at Savonetta Piers Three and Four. And a call has been made to Energy Minister Kevin Ramnarine to immediately launch a probe into the tendering process. Attorney Martin George has sent a seven-page letter to Ramnarine pointing out that NEC, as a state-owned corporation, had “certain duties and responsibilities when it came to dealing with what was essentially taxpayers’ money.” A copy of the letter was also sent to Attorney General Anand Ramlogan. George is acting on behalf of...

24 April

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WRECKS AND THE CITY

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in Case Histories, HIGH STANDARDS

Our indomitable and irrepressible Mayor of Port-of-Spain has once again managed to find himself in a starring role, landing in the centre of controversy and bacchanal with his attempts to deal with illegal parking. This time, he has managed to incur the wrath and ire of a wide cross-section of the population from Government Ministers down to the ‘man (illegally parked) in the street’, as the nation looks on at this local soap opera called “Wrecks and the City”. Now, you just have got to love Louis for his hands-on pitbull in a China shop, take-no-prisoners approach to cleaning up the city...

24 April

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DISPUTED PSC PICKS IN FOCUS

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in Media

Despite strong objection from former public service head Reginald Dumas, and threats by him to take action, the House of Representatives will tomorrow seek to approve four nominations by President Anthony Carmona for membership in the Police Service Commission (PSC). Dumas is objecting to the nominations of Dr James Armstrong and Roamar Achat-Saney on the ground that they are not qualified for the positions. He charged that Carmona made the nominations “per incuriam,” without care. “Should these nominations be approved by affirmative resolution of the House of Representatives, my client will take such steps as he may be advised to ensure compliance...

24 April

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FAMILY TOLD TO LEAVE HINDU TEMPLE

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in Case Histories

Indian Arrival Day court ruling on ownership… Published: Wednesday, May 30, 2012 Omatie Gosine thanks her lawyer Martin George after yesterday’s court ruling. PHOTO: NICOLE DRAYTON In a judgment, described yesterday as an “Indian Arrival Day victory,” High Court judge Joan Charles yesterday ruled on a longstanding feud within a Tunapuna family over the control of one of the oldest Hindu temples in T&T. In her ruling, Charles said Goomtie Gosine had established no claim of ownership of the Tunapuna Hindu Temple and ordered she and her family vacate the premises within three months. Gosine’s action, which had been ongoing for the past six years,...

24 April

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THE COST OF PURCHASING PROPERTY

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in LAWS OF TRINIDAD & TOBAGO

Many people aspire to one day own their own homes and go to great lengths to achieve this. Certainly in Trinidad and Tobago we have witnessed a rapid growth in the real estate sector and have stood by and watched prices of property soar to all-time highs. Everyone is looking for their dream property and may have budgeted for it, but many times, in the quest for the perfect home, several of the costs associated therewith remain hidden until it is time to sign on the dotted line. Added to the cost of the property could be real estate agents’ fees, as...

24 April

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LAWYER CALLS ON ACTING TOP COP: MAKE ” TOTAL POLICING” REPORT PUBLIC

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in Media, Police Service Commission

Lawyer calls on acting top CoP: Make ‘total policing’ report public Attorney and member of the Police Service Commission (PSC) Martin George has expressed support for the call that acting Police Commissioner Stephen Williams make public the full report which was submitted after the investigation into what was nationally dubbed, a total day of policing which occurred on March 23. Speaking during a telephone interview yesterday, George said there were still a number of “ominous” questions that remained unanswered. George spoke in the capacity of an attorney. On Friday, the T&T Chamber of Commerce issued a release in which they criticised Williams...

24 April

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HIERARCHY OF T&T LAWS

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in LAWS OF TRINIDAD & TOBAGO

This week’s column was prepared with assistance from Ms Dawn Palackdharry Singh, attorney-at-law and lecturer at the Cipriani College of Labour and Co-operative Studies.THE author Rosemarie Bell Antoine writes in her book Commonwealth Caribbean Law and Legal Systems, “the Constitution can be defined as a body of law containing the rules that determine the direction of the State, including the manner in which the State is organised and the body of fundamental principles according to which the State is governed.”It is the parent law by which all other laws are measured and is in essence the supreme law of the...

24 April

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CARELESSNESS,NEGLIGENCE IN HEALTH

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in MEDICAL COMPLAINTS COUNCIL CASES

Once again, the Mt Hope Maternity Hospital is in the news—and not in a positive light. Hospital administrator Dr Esau Joseph confirmed that the autoclave sterilising equipment broke down and they were trying to repair it. Dr Tim Gopeesingh has been quoted as saying that this was inexcusable for any hospital. Health Minister John Rahael, who has been making a fantastic effort to improve health care standards, was understandably appalled that the hospital’s administrators did not have sufficient working equipment. We are far too wealthy and developed a nation for this backward, Fourth World state of affairs to still exist at our nation’s...

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