Francis Deloire vs Roch Nourrice (Civil Suit No. 209 of 2011) [2012] SCSC 30 (10 October 2012)

Francis Deloire vs Roch Nourrice (Civil Suit No. 209 of 2011) [2012] SCSC 30 (10 October 2012)

The defendant was negligent and reckless in failing to provide safety equipment or supervision for the plaintiff, a young worker engaged in dangerous work, and is therefore liable for the plaintiff's injuries, loss, and damage.

Citation
[2012] SCSC 30
Parties
Plaintiff: Francis Deloire; Defendant: Roch Nourrice
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 October 2012
Case Number
Civil Suit No. 209 of 2011
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Employer's Duty of Care, Liability for Workplace Injury, Damages Assessment
Source Language
English
Tort Law Employment Law Negligence Employer's Duty of Care Liability for Workplace Injury Damages Assessment

Case Brief

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Parties

Francis Deloire

Plaintiff

Roch Nourrice

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in failing to provide a safe system of work for the plaintiff
  2. 2 Whether the defendant is liable for the injuries, loss, and damage suffered by the plaintiff

Ratio Decidendi

The defendant was negligent and reckless in failing to provide safety equipment or supervision for the plaintiff, a young worker engaged in dangerous work, and is therefore liable for the plaintiff's injuries, loss, and damage.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay the plaintiff R1,200,000.00 in damages
  • Defendant to pay costs of the action