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Martin George & Company > Articles posted by site_admin (Page 64)

Article 14 – Legal Topic – The Tort of Nuisance- Private Nuisance

By: Sarah Lawrence        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law What is the tort of nuisance? The tort of nuisance involves a condition or activity which unduly interferes with the use or enjoyment of land. According to Justice Rahim in the case of Leynan Rodulfo v Arima Borough Corporation Cv2016-01369, it is an act or omission which is an interference with, disturbance of or annoyance to, a person in the exercise or enjoyment of: a right belonging to him as a member of the public, when it is a public nuisance; or his ownership or occupation of land or of some easement,...

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Article 13 – Legal Topic – Basic Elements of A Contract

By: Janelle Ramsaroop        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law       INTRODUCTION   A contract is a written or oral agreement that creates mutual obligations between the parties that have arrived at that agreement. It can be described, in simple terms, as a set of promises made between the parties to the contract. In order for a contract to be formed, four elements must be present, these are: That an OFFER was made That the offer was ACCEPTED That there was some sort of CONSIDERATION That the parties had an INTENTION TO CREATE LEGAL RELATIONS Let’s now discuss these elements. OFFER An offer is...

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Article 12 – Legal Topic – Vicarious Liability

By: Keshavi Khoorban Attorney-at-Law Martin George and Co. Attorneys-at-Law     INTRODUCTION: Under the doctrine of vicarious liability a person who is not personally at fault may be held liable for the wrongful act of another simply because of his relationship with that person. The most common instance of vicarious liability is when an employer is held vicariously liable for the tort of his employee. Vicarious liability is based on considerations of social policy and not on fault: Imperial Chemical Industries Ltd. v Shatwell [1965] AC 656.   While it may seem unreasonable and unfair that a person, who has himself committed no wrong, should be liable for the...

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Article Ten – Legal Topic – Occupier’s Liability

By: Sara Martinez        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law     INTRODUCTION In Trinidad, Occupiers Liability is governed by Common Law. There is a duty on the Occupier of a premises to exercise reasonable care to prevent damage to visitors on his premises. This duty is not an absolute one, that is, the occupier is not under an absolute duty to prevent any and all damage to someone on his premises. Once he exercises reasonable care and does all that is necessary, then he has satisfied his duty.  A visitor to a premises may be entitled to compensation, depending on the circumstances of...

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Article Nine – Legal Topic – Adverse Possession

By: Sarah Lawrence        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law Adverse possession is the legal doctrine which allows a person who does not have the paper title of property to claim a right of Possession in the said property, which is actually owned by another person – the Paper Title Holder. The effect of adverse possession is that a person who is in possession as a mere trespasser or ‘squatter’ can eventually obtain a good title and in fact a better title than the true owner, if the true owner fails to assert his/her superior paper title rights within the requisite...

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Article Eight – Legal Topic – Police Powers of Arrest

By: Janelle Ramsaroop        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law  INTRODUCTION When a person is alleged to have committed a Criminal offence, this person must be brought before the court to answer for any such offence and to pay the consequences of having committed any such offence, this could be in the form of a jail sentence, a simple fine or even community service. In law, powers are given to both police officers and interestingly, private citizens to enforce powers of arrest of suspected offenders. Today we’ll discuss the powers of the police to effect an arrest. WHAT IS AN ARREST? Arrest...

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Guardian Media Report A man from Charlotteville, Tobago, who was allegedly shot by a police officer for allegedly breaching ongoing Stay-at-Home regulations due to the COVID-19 pandemic, has threatened to sue the State. Attorneys representing Zauvghan Benjamin, of Belle Aire Road, Charlotteville, made the threat in a pre-action protocol letter sent to National Security Minister Stuart Young on Thursday. In the letter, attorney Janelle Ramsaroop claimed that on April 6, Benjamin was standing in his relative’s yard at J.D Elder Drive in Charlotteville when he noticed a police vehicle driving on the road. Ramsaroop admitted that Benjamin ran upon seeing the officers but claimed...

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Tobago discount store owner starts legal action against police

The owner of a popular wholesale and discount store in Tobago has written to National Security Minister Stuart Young over being threatened by police to close his business under ongoing COVID-19 regulations. Lawyers representing Phillip Almandoz, the managing director of Miles Almandoz and Company Limited, of Wilson Road in Scarborough, made the complaint in a pre-action protocol letter sent to Young, earlier this morning. "We are writing to you as line Minister with authority over the TTPS so that they may cease and desist from their planned quixotic pursuit of this intention to close down our client's business," attorney Martin George said...

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Article Seven – Legal Topic – Making a Will – The Requirements for Will to Be Valid & the Effects of Failing to Leave a Valid Will

By: Keshavi Khoorban        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law INTRODUCTION A Will is a written instrument whereby a person, the Testator (or the Testatrix, if female) expresses their wishes in relation to the disposition of their Estate which they intend to take effect after their death. The term “Estate” in this context refers to the assets that the Testator owned or was entitled to as at the time of his death. Under a Will the Testator appoints someone as an Executor (or Executrix, if female) and once the Will is valid, the Executor can apply for a Grant of Probate after the death of the...

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