Payet v Pierre (CS 213/2005) [2007] SCSC 8 (26 September 2007)

Payet v Pierre (CS 213/2005) [2007] SCSC 8 (26 September 2007)

Self-defence and provocation do not constitute complete defences unless the dominant purpose was not to cause harm; here, the defendant's dominant purpose was to cause harm, so only contributory negligence applies, reducing damages by 50%. The defendant is liable in delict for the plaintiff's injuries, but the quantum is reduced due to the plaintiff's contributory negligence.

Citation
[2007] SCSC 8
Parties
Plaintiff: Olaf Louis Payet; Defendant: Donald Pierre
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 September 2007
Case Number
CS 213/2005
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff, damages reduced for contributory negligence
Legal Topics
Assault, Damages, Self Defence, Provocation, Contributory Negligence
Source Language
English
Delict Tort Assault Damages Self Defence Provocation Contributory Negligence

Case Brief

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Parties

Olaf Louis Payet

Plaintiff

Donald Pierre

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Is self-defence a complete or partial defence to delictual liability under Seychelles law?
  2. 2 Is provocation a complete or partial defence to delictual liability under Seychelles law?
  3. 3 Is the defendant liable for damages for assault and battery?

Ratio Decidendi

Self-defence and provocation do not constitute complete defences unless the dominant purpose was not to cause harm; here, the defendant's dominant purpose was to cause harm, so only contributory negligence applies, reducing damages by 50%. The defendant is liable in delict for the plaintiff's injuries, but the quantum is reduced due to the plaintiff's contributory negligence.

Court Disposition

judgment for plaintiff, damages reduced for contributory negligence

Orders

  • Defendant to pay plaintiff Rs 20,000 with interest at 4% per annum from date of plaint
  • Defendant to pay costs, taxed on Magistrate’s Court Scale