Esparon v Savy and Another (20 of 2008) [2010] SCSC 4 (4 February 2010)

Esparon v Savy and Another (20 of 2008) [2010] SCSC 4 (4 February 2010)

The plaintiff failed to prove any actionable damage or wrongful act by the defendants; no evidence was adduced to show loss of reputation or actionable pain and suffering, and any technical violation was extinguished by the de minimis principle.

Citation
[2010] SCSC 4
Parties
Plaintiff: Terrence Esparon; Defendant: Felix Mike Savy; Defendant: Fatima Monthy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 February 2010
Case Number
20 of 2008
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed
Legal Topics
Faute, Damages, Loss of Reputation, Pain and Suffering, Defamation, De Minimis Non Curat Lex
Source Language
English
Tort Law Faute Damages Loss of Reputation Pain and Suffering Defamation De Minimis Non Curat Lex

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Parties

Terrence Esparon

Plaintiff

Felix Mike Savy

Defendant

Fatima Monthy

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants committed a faute against the plaintiff under Article 1382 of the Civil Code of Seychelles
  2. 2 Whether the plaintiff suffered actionable damage as a result of the defendants' conduct
  3. 3 Whether damages for loss of reputation, pain, suffering, and anxiety are recoverable in this case

Ratio Decidendi

The plaintiff failed to prove any actionable damage or wrongful act by the defendants; no evidence was adduced to show loss of reputation or actionable pain and suffering, and any technical violation was extinguished by the de minimis principle.

Court Disposition

Suit dismissed