Revised Laws of Saint Lucia (2022)

CHAPTER THIRD
DELICTS AND QUASI-DELICTS

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   985.   Every person capable of discerning right from wrong is responsible for damage caused either by his or act act, imprudence, neglect or want of skill, and he or she is not relievable from obligations thus arising.

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   986.   He or she is responsible for damage caused not only by himself or herself, but by persons under his control and by things under his or her care.

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   The father, or, after his decease, the mother, is responsible for the damage caused by minor children.

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   Tutors are responsible in like manner for their pupils.

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   Curators or others having the legal custody of persons of unsound mind, for their wards.

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   Schoolmasters and artisans, for the damage caused by their pupils or apprentices while under their care.

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   The responsibility attaches in the above cases only when the person subject to it fails to establish that he or she was unable to prevent the act which has caused the damage.

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   Masters and employers are responsible for damage caused by their servants and workmen in the performance of the work for which they are employed.

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   987.   The owner of an animal is responsible for the damage caused by it, whether it be under his or her own care or under that of his or her servants, or have strayed or escaped from it.

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   He or she who is using the animal is equally responsible while it is in his or her service.

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   The owner of a building is responsible for the damage caused by its ruin, through want of repairs or defect in construction.

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   988.   

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      (1)     For the purposes of this article,—

“parent” means father or mother, step-father or step-mother, adopted father or adopted mother, grandfather or grandmother;

“child” means son or daughter, step-son or step-daughter, adopted son or adopted daughter under the provisions of the Adoption Ordinance, or a grandson or granddaughter.

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   (2)     Where the death of a person is caused by a wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the party injured to maintain an action for damages in respect of his or her injury thereby, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to felony.

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   (3)     Every such action shall be for the benefit of the wife or husband, and every parent and child of the person whose death has been caused, but notwithstanding anything contained in this Code with regard to prescription, no such action shall be commenced at any time later than 3 years after the death of such deceased person.

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   (4)     Every such action shall be brought by and in the name of the executor or administrator of the person deceased, but if in any case there is no executor or administrator of the person deceased, or if, there being such executor or administrator, no such action is, within 6 calendar months after the death of such deceased person, brought by and in the name of such executor or administrator, the action may be brought by and in the name or names of all or any of the persons (if more than one) for whose benefit the action is hereby given:

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   Provided that not more than one action shall lie for and in respect of the same subject matter of complaint.

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      (5)     In every action such damages proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action is brought may be awarded, and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the parties for whose benefit the action is brought in such shares as the Court may direct.

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      (6)     In any such action the plaintiff shall state in the declaration full particulars of the person or persons for whom and on whose behalf such action is brought, and the nature of the claim in respect of which damages is sought to be recovered.

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      (7)     If the defendant in any such action desires to pay money into Court, it shall be sufficient for him or her to pay it as a compensation in one sum to all persons entitled to recover in respect of his wrongful act, neglect or default, without specifying the shares into which the same is to be divided, and if the said sum is not accepted, and the plaintiff proceeds to trial as to its sufficiency, the defendant shall be entitled to judgment if the plaintiff is awarded no greater sum than is paid into Court.

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      (8)     In assessing damages in any such action there shall not be taken into account any sum paid or payable on the death of the deceased under any contract of assurance or insurance, whether made before or after the passing of this article.

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      (9)     For the purposes of this article, a person shall be deemed to be the parent or child of the deceased person notwithstanding that he was only related to him or her illegitimately, and accordingly in deducing any relationship which under the provisions of this article is included within the meaning of the expressions “parent” and “child”, any illegitimate person shall be treated as being, or as having been, the legitimate offspring of his or her mother and reputed father.

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      (10)     For the purposes of an action brought under this article, damages may be awarded in respect of the funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought. (Substituted by Act 34 of 1956)

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   989.   An action in respect of a delict or quasi-delict does not prejudice, and is not prejudiced by criminal proceedings in respect of the same subject matter.

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   989A.   

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      (1)     The owner of a dog shall be liable in damages for injury done to any cattle or poultry by that dog.

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      (2)     It shall not be necessary for the person seeking such damages to show a previous mischievous propensity in the dog, or the owner's knowledge of such previous propensity, or that the injury was attributable to neglect on the part of the owner.

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      (3)     Where any such injury has been done by a dog, the occupier of any house or premises where the dog was kept or permitted to live or remain at the time of the injury shall be presumed to be the owner of the dog, and shall be liable for the injury unless he or she proves that he or she was not the owner of the dog at that time:

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   Provided that where there are more occupiers than one in any house or premises let in separate apartments or lodgings, or otherwise, the occupier of that particular part of the house or premises in which the dog has been kept or permitted to live or remain at the time of the injury shall be presumed to be the owner of the dog.

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      (4)     In this article:—

“cattle” includes horses, mules, asses, sheep, goats and swine;

“poultry” includes domestic fowls, turkeys, geese, ducks, guinea-fowls and pigeons. (Added by Act 34 of 1956)

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   989B.   

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      (1)     It shall not be a defence to an action against a defendant for damage in respect of personal injuries caused by the wrongful act, neglect or default of a person employed by the defendant, that that person was at the time of the occurrence which caused the injuries in common employment with the plaintiff.

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      (2)     Every provision in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this article) is void in so far as it has the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the wrongful act, neglect or default of any person in common employment with him or her.

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      (3)     In this article, “personal injuries” includes any disease and any impairment of a person's physical or mental condition.

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      (4)     This article binds the Crown. (Added by Act 34 of 1956)

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   989C.   

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      (1)     Where damage is suffered by any person as a result of a tort (whether a crime or not)—

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         (a)     judgment recovered against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor in respect of the same damage;

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         (b)     if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the succession, or of the wife, husband, parent or child, of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise), the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given, and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the Court is of opinion that there was reasonable ground for bringing the action;

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         (c)     any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tort feasor or otherwise, so, however, that no person shall be entitled to recover contribution under this article from any person entitled to be indemnified by him or her in respect of the liability in respect of which the contribution is sought.

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      (2)     In any proceedings for contribution under this article the amount of the contribution recoverable from any person shall be such as may be found by the Court to be just and equitable having regard to the extent of that person's responsibility for the damage, and the Court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.

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      (3)     For the purposes of this article—

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         (a)     the expression “parent” and “child” have the meanings given to them in article 988 of this Code;

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         (b)     the reference in this article to “the judgment first given” shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied.

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      (4)     Nothing in this article shall—

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         (a)     affect any criminal proceedings against any person in respect of any wrongful act; or

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         (b)     render enforceable any agreement for indemnity which would not have been enforceable if this article had not been enacted. (Added by Act 34 of 1956)

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   989D.   

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      (1)     In this article,—

“court” means, in relation to any claim the Court or arbitrator by or before whom the claim falls to be determined;

“employer” and “workman” have the same meaning as in the Workmen's Compensation Ordinance;

“fault” means negligence, breach of statutory duty or other duty or other act or omission which gives rise to a liability in tort or would, apart from this article, give rise to the defence of contributory negligence.

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   (2)     Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the Court thinks just and equitable having regard to the claimant's share in the responsibility for the damage.

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   Provided that—

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      (a)     this paragraph shall not operate to defeat any defences arising under a contract;

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      (b)     where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this paragraph shall not exceed the maximum limits so applicable.

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      (3)     Where damages are recoverable by any person by virtue of the foregoing paragraph subject to such reduction as is therein mentioned, the Court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.

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      (4)     Article 989C (which relates to proceedings against, and contribution between, joint and several tort-feasors) shall apply in any case where two or more persons are liable or would, if they had all been sued, be liable by virtue of paragraph (1) of this article in respect of the damages suffered by any person.

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      (5)     Where any person dies as the result partly of his or her own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the succession under article 609, the damages recoverable would be reduced under paragraph (2) of this article, any damages recoverable in an action brought for the benefit of the wife or husband, parent and child of the person under paragraphs (2) and (3) of article 988 shall be reduced to a proportionate extent.

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      (6)     Where, in any case to which paragraph (2) of this article applies, one of the persons at fault avoids liability to any other such person or his or her personal representative by pleading prescription under this Code, or any other enactment limiting the time within which proceedings may be taken, he or she shall not be entitled to recover any damages or contributions from that other person or representative by virtue of the said paragraph.

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      (7)     Article 21 of the Convention contained in the First Schedule to the Carriage by Air Act, 1932, (22 & 23, Geo. 5, c. 36), (which empowers a Court to exonerate wholly or partly a carrier who proves that the damage was caused by or contributed to by the negligence of the injured person), shall have effect subject to the provisions of this article. (Added by Act 34 of 56)

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   989E.   Article 989D shall not apply to any claim to which section 1 of the Maritime Conventions Act, 1911, applies and that Act shall have effect as if this article had not been passed. (Added by Act 34 of 1956)

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   989F.   For the purposes of the law of libel and slander, the broadcasting of words by means of wireless telegraphy shall be treated as publication in permanent form. (Added by Act 34 of 1956)

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   989G.   Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable:

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   Provided that in any action for words spoken and made actionable by this article, a plaintiff shall not recover more costs than damages, unless the Judge certifies that there was reasonable ground for bringing the action. (Added by Act 34 of 1956)

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   989H.   In an action for slander in respect of words calculated to disparage the plaintiff in any office, profession, calling, trade or business held or carried on by him or her at the time of the publication, it shall not be necessary to allege or prove special damage, whether or not the words are spoken of the plaintiff in the way of his or her office, profession, calling, trade or business. (Added by Act 34 of 1956)

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   989I.   

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      (1)     In an action for slander of title, slander of goods or other malicious falsehood, it shall not be necessary to allege or prove special damage—

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         (a)     if the words upon which the action is founded are calculated to cause pecuniary damage to the plaintiff and are published in writing or other permanent form; or

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         (b)     if the said words are calculated to cause pecuniary damage to the plaintiff in respect of any office, profession, calling, trade or business held or carried on by him or her at the time of the publication.

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      (2)     Article 989F shall apply for the purposes of this article as it applies for the purposes of the law of libel and slander. (Added by Act 34 of 1956)

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   989J.   

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      (1)     A person who has published words alleged to be defamatory of another person may, if he or she claims that the words were published by him or her innocently in relation to that other person, make an offer of amends under this article; and in any such case—

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         (a)     if the offer is accepted by the party aggrieved and is duly performed, no proceedings for libel or slander shall be taken or continued by that party against the person making the offer in respect of the publication in question (but without prejudice to any cause of action against any other person jointly responsible for that publication);

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         (b)     if the offer is not accepted by the party aggrieved, then, except as otherwise provided by this article, it shall be a defence, in any proceedings by him or her for libel or slander against the person making the offer in respect of the publication in question, to prove that the words complained of were published by the defendant innocently in relation to the plaintiff and that the offer was made as soon as practicable after the defendant received notice that they were or might be defamatory of the plaintiff, and has not been withdrawn.

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      (2)     An offer of amends under this article must be expressed to be made for the purposes of this article, and must be accompanied by an affidavit specifying the facts relied upon by the person making it to show that the words in question were published by him or her innocently in relation to the party aggrieved; and for the purposes of a defence under subparagraph (b) of paragraph (1) of this article no evidence, other than evidence of facts specified in the affidavit, shall be admissible on behalf of that person to prove that the words were so published.

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      (3)     An offer of amends under this article shall be understood to mean an offer—

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         (a)     in any case, to publish or join in the publication of a suitable correction of the words complained of, and a sufficient apology to the party aggrieved in respect of those words;

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         (b)     where copies of a document or record containing the said words have been distributed by or with the knowledge of the person making the offer, to take such steps as are reasonably practicable on his or her part for notifying persons to whom copies have been so distributed that the words are alleged to be defamatory of the party aggrieved.

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      (4)     Where an offer of amends under this article is accepted by the party aggrieved—

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         (a)     any question as to the steps to be taken in fulfilment of the offer as so accepted shall in default of agreement between the parties be referred to and determined by the Supreme Court, whose decision thereon shall be final;

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         (b)     the power of the Court to make orders as to costs in proceedings by the party aggrieved against the person making the offer in respect of the publication in question, or in proceedings in respect of the offer under subparagraph (a) of this paragraph, shall include power to order the payment by the person making the offer to the party aggrieved of costs on an indemnity basis and any expenses reasonably incurred or to be incurred by that party in consequence of the publication in question;

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      and if no such proceedings as aforesaid are taken, the Supreme Court may, upon application made by the party aggrieved, make any such order for the payment of such costs and expenses as aforesaid as could be made in such proceedings.

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      (5)     For the purposes of this article words shall be treated as published by one person (in this paragraph referred to as the publisher) innocently in relation to another person if and only if the following conditions are satisfied, that is to say—

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         (a)     that the publisher did not intend to publish them of and concerning that other person, and did not know of circumstances by virtue of which they might be understood to refer to him or her; or

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         (b)     that the words were not defamatory on the face of them, and the publisher did not know of circumstances by virtue of which they might be understood to be defamatory of that other person,

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      and in either case that the publisher exercised all reasonable care in relation to the publication; and any reference in this paragraph to the publisher shall be construed as including a reference to any servant or agent of his or her who was concerned with the contents of the publication.

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      (6)     Subparagraph (b) of paragraph (1) of this article shall not apply in relation to the publication by any person of words of which he is not the author unless he or she proves that the words were written by the author without malice. (Added by Act 34 of 1956)

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   989K.   In an action for libel or slander in respect of words containing 2 or more distinct charges against the plaintiff, a defence of justification shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the plaintiff's reputation having regard to the truth of the remaining charges. (Added by Act 34 of 1956)

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   989L.   In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are proved. (Added by Act 34 of 1956)

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   989M.   A fair and accurate report in any newspaper of proceedings publicly heard before any Court exercising judicial authority in Saint Lucia shall, if published contemporaneously with such proceedings, be privileged:

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   Provided that nothing in this article shall authorise the publication of any blasphemous or indecent matter. (Added by Act 34 of 1956)

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   989N.   

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      (1)     Subject to the provisions of this article, the publication in a newspaper of any such report or other matter as is mentioned in the Schedule to this Chapter shall be privileged unless the publication is proved to be made with malice.

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      (2)     In an action for libel in respect of the publication of any such report or matter as is mentioned in Part II of the Schedule to this Chapter, the provisions of this article shall not be a defence if it is proved that the defendant has been requested by the plaintiff to publish in the newspaper in which the original publication was made a reasonable letter or statement by way of explanation or contradiction, and has refused or neglected to do so, or has done so in a manner not adequate or not reasonable having regard to all the circumstances.

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      (3)     Nothing in this article shall be construed as protecting the publication of any matter the publication of which is prohibited by law, or of any matter which is not of public concern and the publication of which is not for the public benefit.

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      (4)     Nothing in this article shall be construed as limiting or abridging any privilege subsisting immediately before the commencement of this article.

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      (5)     In this article the expression “newspaper” means any paper containing public news or observations thereon, or consisting wholly or mainly of advertisements, which is printed for sale and is published in Saint Lucia either periodically or in parts or numbers at intervals not exceeding 36 days.

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           (Added by Act 34 of 1956)

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   989O.   A defamatory statement published by or on behalf of a candidate in any election to a local government authority or to the Legislature shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election. (Added by Act 34 of 1956)

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   989P.   An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory, and does not reasonably believe there is a good defence to any action brought upon it. (Added by Act 34 of 1956)

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   989Q.   

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      (1)     It shall be competent for a Judge or the Court, upon an application by or on behalf of 2 or more defendants in actions in respect to the same, or substantially the same, libel brought by one and the same person, to make an order for the consolidation of such actions, so that they shall be tried together, and after such order has been made, and before the trial of the said actions, the defendants in any new actions instituted in respect of the same, or substantially the same, libel shall also be entitled to be joined in a common action upon a joint application being made by such new defendants and the defendants in the actions already consolidated.

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      (2)     In a consolidated action under this article the Court shall assess the whole amount of the damages (if any) in one sum, but a separate verdict shall be taken for or against each defendant in the same way as if the actions consolidated had been tried separately, and if the Court finds a verdict against the defendant or defendants in more than one of the actions so consolidated, it shall proceed to apportion the amount of damages which it so finds between and against the said last-mentioned defendants, and the Judge at the trial, if he or she awards to the plaintiff the costs of the action, shall thereupon make such order as he or she deems just for the apportionment of such costs between and against such defendants. (Added by Act 34 of 1956)

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   989R.   In any action for libel or slander the defendant may give evidence in mitigation of damages that the plaintiff has recovered damages, or has brought actions for damages, for libel or slander in respect of the publication of words to the same effect as the words on which the action is founded, or has received or agreed to receive compensation in respect of any such publication. (Added by Act 34 of 1956)

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   989S.   Article 989Q shall apply to actions for slander and to actions for slander of title, slander of goods or other malicious falsehood as it applies to actions for libel; and references in that article to the same, or substantially the same, libel shall be construed accordingly. (Added by Act 34 of 1956)