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Martin George & Company > Articles posted by site_admin (Page 42)

Tracy: Executive Council still functioning

Health Secretary Tracy Davidson-Celestine said the Tobago House of Assembly (THA) Executive Council remains functioning in the absence of a sitting chief secretary. Davidson-Celestine was responding to attorney Martin George’s view that since the resignation of Kelvin Charles, the non-appointment of a new chief secretary has rendered the Executive Council dormant. In a WhatsApp voice note on Friday, George said the existing THA Act does not address the voluntary resignation of a sitting chief secretary. “At this point, there is no Executive Council of the THA in existence because under the THA Act, it specifically states that the Executive Council comprises the chief...

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Article 25 – Legal Topic – Consumer Rights and Liability against Manufacturers and Merchants for Defective or Inferior Products

By: Sara Martinez        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law     INTRODUCTION There are various measures in place to safeguard the buyers of products from manufacturers and other salespersons from engaging in unfair practices in law. The Sale of Goods Act Chap 83:30 addresses the Rights of Consumers in relation to Products sold to them. Section 16 0f the Sale of Goods Act states: “(1) Except as provided by this section and section 17 and subject to any other written law, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract of...

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Kelvin Charles’s costly resignation

Kelvin Charles's resignation as Tobago House of Assembly (THA) Chief Secretary on April 30 has left a significant hole in his wallet. Now that his role in the THA is reduced to that of assemblyman, having also lost his portfolio as Secretary for Education, Innovation and Energy, Charles' only responsibility is that of his electoral district, Black Rock/Whim/Spring Garden. The former chief secretary previously took home $41,030. An assemblyman without portfolio, like the Progressive Democratic Patriots' (PDPs) Farley Augustine, receives a salary of around $11,320 while those who also function as secretaries, such as the Division of Sport and Youth Affairs' Jomo Pitt,...

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Article 24 – Legal Topic – A Citizen’s Rights While under Arrest

BY:   Sarah Lawrence           Attorney-at-Law           Martin George and Co.           Attorneys-at-Law     Definition of ‘Arrest’: An arrest is often defined as the seizing or touching of the person of an individual with a view to restraining him: Alderson v Booth [1969] 2 QB 216. However, the author of Commonwealth Caribbean Criminal Practice and Procedure 4th Edition noted that an arrest may be constructive, that is, the arrestor may not physically touch the person he has arrested. Once an individual (arrestee) knows that he is forbidden to leave, this may constitute an arrest.   Who can make an arrest? An individual may be arrested with or without a...

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Article 23 – Legal Topic – The Bailiff

By Janelle Ramsaroop This lesson provides information on: Who or what is a bailiff? Powers, functions and duties of a bailiff The bailiff acting as an agent for a landlord Enforcement of a petty civil judgement How is the bailiff’s power of entry effected? How is the bailiff’s power of seizure effected? Assault or obstruction of a bailiff during entry or seizure [pdf-embedder url="https://martingeorge.net/v2/wp-content/uploads/2020/05/Article-23.pdf" title="Article 23"] © 2020 MARTIN ANTHONY GEORGE & CO (To view the next page, click on the bottom left corner of the article above.)...

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Article 22 – Legal Topic – Motor Vehicle Accidents – Liability, Insurance and the Factors Involved in an Insurance Claim

By: Keshavi Khoorban        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law INTRODUCTION: Motor vehicle accidents occur on a daily basis and usually occur due to the negligent acts of drivers on our nation’s roads causing injury and damage not only to these reckless drivers but also to innocent third parties. The Motor Vehicles Insurance (Third Party Risks) Act Chap 48:51 (hereinafter referred to as “the said Act”) seeks to provide protection to these innocent third parties who suffer harm as a result of negligent drivers. Pursuant to section 3 (1) of the said Act, it is mandatory for every owner of a...

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Article 21 – Legal Topic – Committal Orders

By: Sherisse Walker        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law INTRODUCTION Part 53 of the Consolidated Civil Proceedings Rules 2016 deals with the power of the Court to commit a person to prison or to make an Order confiscating their assets for failure to comply with a Court Order or Undertaking requiring him to do an act within a specified time or restraining or commanding him not to do an act. The relevant provisions of Part 53 of the Consolidated CPR are as follows: THE CONSOLIDATED CIVIL PROCEEDINGS RULES 2016   When committal orders or confiscation of assets Orders may be made; Rule...

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Article 20 – Legal Topic – Compensation for Wrongful Death under the Compensation for Injuries Act Chapter 8:05

By: Sara Martinez        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law     INTRODUCTION In cases where there has been a fatal injury, the tortfeasor may be liable to compensate any Dependants of the Deceased under the Compensation for Injuries Act Chapter 8:05: “(3) Whenever the death of any person is caused by some wrongful act, neglect, or default, and the act, neglect, or default is such as would before the commencement of this Act (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would...

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