Folette v Jeanne (20 of 2000) [2006] SCSC 12 (21 May 2006)

Folette v Jeanne (20 of 2000) [2006] SCSC 12 (21 May 2006)

The defendant intentionally used a sharp object to injure the plaintiff during a struggle, and the nature of the injury is consistent with an intentional act rather than an accident. The defendant is therefore liable in damages.

Citation
[2006] SCSC 12
Parties
Plaintiff: Gustave Folette; Defendant: Jim Jeanne
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 May 2006
Case Number
20 of 2000
Procedural Posture
Delictual Action / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Assault, Personal Injury, Damages
Source Language
English
Tort Assault Personal Injury Damages

Case Brief

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Parties

Gustave Folette

Plaintiff

Jim Jeanne

Defendant

Procedural Posture

Delictual Action / Judgment

Legal Issues

  1. 1 Whether the defendant is liable in damages for personal injuries caused to the plaintiff by assault

Ratio Decidendi

The defendant intentionally used a sharp object to injure the plaintiff during a struggle, and the nature of the injury is consistent with an intentional act rather than an accident. The defendant is therefore liable in damages.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff Rs. 35,200 in total damages for pain, suffering, disfigurement, and medical report.
  • Interest and costs awarded to the plaintiff.