Charles vs Constance (CS 9.2009) [2014] SCSC 229 (3 July 2014)

Charles vs Constance (CS 9.2009) [2014] SCSC 229 (3 July 2014)

The defendant failed to accord the plaintiff the right of way at a critical road junction, did not alert or brake in time, and his actions amounted to a faute in law, making him liable for the plaintiff's loss and damage.

Citation
[2014] SCSC 229
Parties
Plaintiff: Virginie Charles; Defendant: Pierre Constance
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 July 2014
Case Number
CS 9.2009
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Traffic Accident, Damages
Source Language
English
Tort Personal Injury Negligence Traffic Accident Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Virginie Charles

Plaintiff

Pierre Constance

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent and liable for the traffic collision and resulting injuries to the plaintiff
  2. 2 Assessment of quantum of damages

Ratio Decidendi

The defendant failed to accord the plaintiff the right of way at a critical road junction, did not alert or brake in time, and his actions amounted to a faute in law, making him liable for the plaintiff's loss and damage.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff SR300,000.00 with interest and costs