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 20, 2013

That word “liable”

This word “liable” must have been used more extensively than any other in the law. In our regular interaction, we speak of being responsible for our actions, but in law, the word liable is used instead and it has legal implications. Black’s Law Dictionary states that a person is liable when that person is responsible and is answerable and compelled to make compensation or satisfaction for something that was done or that was not done.{{more}}

In criminal law, a person is liable to stand trial when he or she commits a crime. He is liable in civil law where he does or fails to do something. The word is used more frequently in contract law, where he breaches the clauses in the contract. It thereafter becomes the duty of the judge, when the matter comes before the court, to determine who is liable. One relevant matter is a contract to build a house. Very frequently one hears tales of woes from family and friends about a building contract that went wrong. In this article, I will draw from the case of Isaac v Browne, (No 250 of 2010), a case decided in SVG, regarding a construction contract that went wrong and I will refer to the categories of payment that were imposed on the builder who had breached the contract.

The claimants contracted the defendant to build a two-storey house, but the defendant failed to complete the house in the time stipulated and despite the extension of time, the house was still not completed. The claimants took the matter to court and won their case and the claimants appeared before Master Lanns for an assessment of damages. The claimants supported the itemized claim with the necessary documents, such as the building plans, the building contract, letters, invoices, receipts of payment and expert reports, which were attached to the affidavits. The claims were for special damages and general damages which are the usual claims made when a contract is breached.

Special damages

Under the heading of special damages, a claim was made for the payment of a quantity surveyor, that is the person who prepared the estimates. This type of payment is supposed to be strictly pleaded by presenting a receipt. It was, however, pleaded but the claimant had an invoice instead of a receipt. However, the case of Greer v Alston Engineering Sales (2003) No 63 WIR 388 para 7,8 and 9, the authority on this issue, was followed. According to the view, notwithstanding proof of the fact that the claimant cannot prove convincingly special damages, a claim could be awarded in a nominal sum that is not too much out of scale. The master decided that the sum was not unreasonable.

General damages

The general damages claimed included the sum paid to the defendant less the contractual costs, monies needed to finish the house, monies for the delay, for repairs, for discomfort and inconvenience.

There are numerous precedents in support of the above claims. Generally when a person breaches a contract, the non-breaching party should, as far as money could do, be placed in a position, with regards to damages, as if the contract had been performed. The damages in respect of breach must be such as may be fairly and reasonably be considered arising from the contract and would have been in the contemplation of the parties at the time of the formation of the contract.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    NATIONAL DAY OF PRAYER
    Press Release
    NATIONAL DAY OF PRAYER
    Webmaster 
    October 5, 2026
    The National Day of Prayer will be observed in St. Vincent and the Grenadines on Monday, 5th October, 2026 under the theme: "Restore, Unite and Uplift...
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Press Release
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Webmaster 
    September 29, 2026
    By Yvette Gittens, Early Childhood Practitioner and Literacy Specialist, SVG. The Ministry of Education must reconsider policies that restrict teacher...
    Five charged in separate ammo and firearms offenses
    Press Release
    Five charged in separate ammo and firearms offenses
    Webmaster 
    September 29, 2026
    Police arrested and charged five men in connection with two separate firearms and ammunition offenses in operations conducted on Sunday, September 26,...
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    VINLEC explains its metering operations at press briefing
    Press Release
    VINLEC explains its metering operations at press briefing
    Webmaster 
    September 28, 2026
    The meters previously used by the St Vincent Electricity Services Limited (VINLEC) were electromechanical ones as Senior Transmission and Distribution...
    West St George Secondary School celebrates 22 years
    Press Release
    West St George Secondary School celebrates 22 years
    Webmaster 
    September 28, 2026
    On Wednesday September 16, 2026, the West St George Secondary School (WSGSS), in Belair celebrated its 22nd year of operation with a thanksgiving serv...
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    RedRootSVG to launch island-wide Human Rights Campaign
    News
    RedRootSVG to launch island-wide Human Rights Campaign
    Webmaster 
    September 26, 2026
    RedRootSVG Inc is set to launch an island-wide initiative designed to educate, empower, and engage citizens on their fundamental human rights and resp...
    Round D Town Relay attracts over 60 teams
    News
    Round D Town Relay attracts over 60 teams
    Webmaster 
    September 26, 2026
    The 2026 Team Athletics SVG Round D Town Road Relay set for this Sunday, September 27 in the streets of capital, Kingstown, has attracted a whopping 6...
    Workers at statutory body raise concerns about operations
    News
    Workers at statutory body raise concerns about operations
    Webmaster 
    September 25, 2026
    CONCERNS have been raised about the administration and operation of a publicly funded social-support organisation following comments by Prime Minister...
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines (SVG), has been shortlisted in six categories in the 2026 Wanderlust Reader Travel Awards, one of the United Kingdom’s l...

    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