Denis v Laurence (CS 77/2015) [2017] SCSC 926 (27 September 2017)
The defendant successfully rebutted the presumption of fault by proving on a balance of probabilities that the accident was caused solely by the plaintiff's negligence, specifically crossing a four-lane highway while intoxicated and failing to act as a reasonable prudent pedestrian.
Source-derived case information.
- Citation
- [2017] SCSC 926
- Parties
- Plaintiff: Marc Denis; Defendant: Micheal Laurence
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 27 September 2017
- Case Number
- CS 77/2015
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaint dismissed with costs to the defendant.
- Legal Topics
- Road Traffic Accident, Negligence, Delictual Responsibility, Presumption of Fault
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marc Denis
Plaintiff
Micheal Laurence
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendant is liable for injuries sustained by the plaintiff in a road traffic accident under Article 1383(2) of the Civil Code of Seychelles
- 2 Whether the defendant rebutted the presumption of fault by proving the accident was solely due to the plaintiff's negligence
Ratio Decidendi
The defendant successfully rebutted the presumption of fault by proving on a balance of probabilities that the accident was caused solely by the plaintiff's negligence, specifically crossing a four-lane highway while intoxicated and failing to act as a reasonable prudent pedestrian.
Court Disposition
Plaint dismissed with costs to the defendant.
Orders
- Plaint dismissed
- Costs awarded to the defendant
Full Case Text
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