23 April

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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,...

21 April

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Article 13 – Legal Topic – Basic Elements of A Contract

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By: Janelle Ramsaroop Attorney-at-Law Martin George and Co. Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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...

20 April

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Article 12 – Legal Topic – Vicarious Liability

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By: Keshavi Khoorban Attorney-at-Law Martin George and Co. Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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...

17 April

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Article Eleven – Legal Topic – Co-Ownership of Land

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By: Sherisse Walker Attorney-at-Law Martin George and Co. Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. A) INTRODUCTION The authors Kevin Gray and Susan Francis Gray, in Elements of Land Law 4th Edition, explained; that Co-ownership is the term used to describe the form of ownership in which two or more persons are simultaneously entitled in possession to an interest or interests in the same asset. In...

16 April

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Article Ten – Legal Topic – Occupier’s Liability

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By: Sara Martinez Attorney-at-Law Martin George and Co. Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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...

15 April

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Article Nine – Legal Topic – Adverse Possession

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By: Sarah Lawrence Attorney-at-Law Martin George and Co. Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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...

14 April

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Article Eight – Legal Topic – Police Powers of Arrest

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By: Janelle Ramsaroop Attorney-at-Law Martin George and Co. Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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...

11 April

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MAN CLAIMS HE WAS SHOT BY POLICE FOR BREACHING STAY AT HOME ORDERS

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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...

11 April

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Tobago discount store owner starts legal action against police

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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...

09 April

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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

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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 MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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....

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