Rosette Another v Verlaque and Another (279 of 2002) [2006] SCSC 7 (21 March 2006)
The 1st defendant failed to rebut the presumption of fault under Article 1383(2) and is liable for the accident. The 2nd defendant is vicariously liable as employer. Damages are awarded based on pain, suffering, loss of amenities, and proven expenses.
- Citation
- [2006] SCSC 7
- Parties
- Plaintiff: Ms Barbara Rosette; Plaintiff: Mrs Lorna Volcy; Defendant: Mr Jules Verlaque; Defendant: Seychelles Petroleum Co Ltd
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 21 March 2006
- Case Number
- 279 of 2002
- Procedural Posture
- Delictual Action / Judgment
- Outcome
- judgment for plaintiffs
- Legal Topics
- Negligence, Vicarious Liability, Damages, Road Traffic Accident
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ms Barbara Rosette
Plaintiff
Mrs Lorna Volcy
Plaintiff
Mr Jules Verlaque
Defendant
Seychelles Petroleum Co Ltd
Defendant
Procedural Posture
Delictual Action / Judgment
Legal Issues
- 1 Whether the 1st defendant was negligent and liable for the injuries caused to the 1st plaintiff
- 2 Whether the 2nd defendant is vicariously liable
- 3 Quantum of damages payable
Ratio Decidendi
The 1st defendant failed to rebut the presumption of fault under Article 1383(2) and is liable for the accident. The 2nd defendant is vicariously liable as employer. Damages are awarded based on pain, suffering, loss of amenities, and proven expenses.
Court Disposition
judgment for plaintiffs
Orders
- 1st and 2nd defendants to pay 1st plaintiff Rs.60,000 jointly and severally
- 1st and 2nd defendants to pay 2nd plaintiff Rs.6,000 jointly and severally
Full Case Text
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