Napoleon v Morel ((Civil Side No. 09 of 2011)) [2011] SCSC 91 (15 November 2011)

Napoleon v Morel ((Civil Side No. 09 of 2011)) [2011] SCSC 91 (15 November 2011)

The plaintiff failed to prove, on a balance of probabilities, that the defendant was at fault for the death of the deceased. There was no evidence that the defendant hired the deceased or knew of his psychological condition, nor that the defendant's actions or omissions caused the death. The deceased acted on his...

Source-derived case information.

Citation
[2011] SCSC 91
Parties
Plaintiff: Esterilia Charline Napoleon; Defendant: Evans Morel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 November 2011
Case Number
(Civil Side No. 09 of 2011)
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Negligence, Wrongful Death, Duty of Care
Source Language
english
Tort Negligence Wrongful Death Duty of Care

Source-derived case record

Summary, issues, holding and outcome

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Parties

Esterilia Charline Napoleon

Plaintiff

Evans Morel

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was at fault for the death of the deceased
  2. 2 Whether the defendant owed a duty of care to the deceased
  3. 3 Whether the defendant breached any duty leading to the deceased's death

Ratio Decidendi

The plaintiff failed to prove, on a balance of probabilities, that the defendant was at fault for the death of the deceased. There was no evidence that the defendant hired the deceased or knew of his psychological condition, nor that the defendant's actions or omissions caused the death. The deceased acted on his own volition and misadventure.

Court Disposition

Suit dismissed with costs

Orders

  • Case dismissed
  • Plaintiff to pay costs