Commonwealth Caribbean Business Law
Third Edition
Now in its third edition, Commonwealth Caribbean Business Law continues to break away from the traditional English approach of treating business law primarily as the law of contract and agency.
Taking a panoramic view, it explores the foundation of various legal systems before examining areas of legal liability that affect business activities. These include areas such as contract law, tort law, criminal law, agency and internet law which present significant challenges confronting the business sector. The book primarily targets the development of business law principles in several Caribbean Commonwealth jurisdictions but, where appropriate, also embraces the jurisprudence of other Commonwealth nations, such as the United Kingdom, Canada and Australia. It also explores the United States as a non-Commonwealth jurisdiction, given the increasing importance in the Caribbean of judicial pronouncements relating to internet law from this territory.
Using excerpts from key judgments, the book allows students, particularly those with a non-legal background, to understand key legal principles for business as presented by the judiciary and draws parallels between legal theory and business practice.
Natalie Persadie is an Assistant Professor in the Design and Manufacturing Engineering Unit, University of Trinidad and Tobago, Trinidad.
Rajendra Ramlogan is a Professor of Commercial and Environmental Law in the Department of Management Studies, University of the West Indies, St. Augustine, Trinidad.
Commonwealth Caribbean Law Series
The Commonwealth Caribbean Law Series is the only series of law books that covers the jurisdiction of the English-speaking Caribbean nations. The titles in the series were first published in 1995 to acclaim from academics, practitioners and the judiciary in the region. Several editions followed, and they have now become essential reading for those learning and practising Caribbean law.
This must-have series is required holdings for any law library specialising in Caribbean legal information.
Titles in this series include:
Alternative Dispute Resolution
Albert Fiadjoe
Commonwealth Caribbean Business Law 2/e
Rajendra Ramlogan and Natalie Persadie
Commonwealth Caribbean Company Law
Andrew Burgess
Commonwealth Caribbean Civil Procedure 3/e
Gilbert Kodilinye and Vanessa Kodilinye
Commonwealth Caribbean Constitutional Law
Sir Fred Phillips
Commonwealth Caribbean Land Law
Sampson Owusu
Commonwealth Caribbean Law and Legal Systems 2/e
Rose-Marie Belle Antoine
Commonwealth Caribbean Public Law 3/e
Albert Fiadjoe
Commonwealth Caribbean Tort Law 4/e
Gilbert Kodilinye
Commonwealth Caribbean Law of Trusts 3/e
Gilbert Kodilinye and Trevor Carmichael
Judicial Review in the Commonwealth Caribbean
Rajendra Ramlogan
Commonwealth Caribbean Administrative Law
Eddy Ventose
Commonwealth Caribbean Contract Law
Gilbert Kodilinye and Maria Kodilinye
Commonwealth Caribbean Practice and Procedure 4/e
Dana S. Seetahal
Commonwealth Caribbean Employment and Labour Law
Natalie Corthsy and CarlaAnne Harris-Roper
Commonwealth Caribbean Tort Law 5/e
Gilbert Kodilinye
Commonwealth Caribbean Property Law 4/e
Gilbert Kodilinye
Commonwealth Caribbean Business Law 3/e
Natalie Persadie and Rajendra Ramlogan
Forthcoming titles:
Commonwealth Caribbean Land Law 2/e
Sampson Owusu
Commonwealth Caribbean Intellectual Property Law
Eddy Ventose
Commonwealth Caribbean Civil Procedure 4/e
Gilbert Kodilinye and Vanessa Kodilinye
Commonwealth Caribbean Business Law
Third Edition
Natalie Persadie and Rajendra Ramlogan
Third edition published 2016
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2016 Natalie Persadie and Rajendra Ramlogan
The right of Natalie Persadie and Rajendra Ramlogan to be identified as authors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
First edition published 2004 by Cavendish Publishing Ltd
Second edition published 2010 by Routledge-Cavendish
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this title has been requested
Ramlogan, Rajendra.
Commonwealth Caribbean business law / Natalie Persadie, Rajendra Ramlogan. Third edition.
pages cm. (Commonwealth Caribbean law series)
Includes bibliographical references and index.
1.Commercial lawWest Indies, British.2.Business enterprisesLaw and legislationWest Indies, British.I.Persadie, Natalie Rene.II.Title.
KGL5231.R36 2015
346.72907dc23
2015007049
ISBN: 978-1-138-02427-4 (hbk)
ISBN: 978-1-138-02426-7 (pbk)
ISBN: 978-1-315-77587-6 (ebk)
Typeset in Baskerville by
Apex CoVantage, LLC
For
Rajendra
Faith. Hope. Courage.
Contents
Aaron Krohn (Claimant) v Jose Tun (First Defendant), Ali Safa (Second Defendant) and Walid Jundi (Third Defendant); The Attorney General and The Comptroller of Customs (Interested Parties) Claim No. 78 of 2011 (BZ)143
A, B, C, D v E (2011) HCVAP 2011/001 (AI)12
Adnan Mkhoul v Keith Henry and Etola Richards HC Civil Claim No. 121 of 2008 (SVG)90
Aho v Kelly 1998 CanLIII 6616 (BCSC) (CA)16
Airline Freight Services Ltd. v Rosalind Morris and Exhibition & Building Contractors Ltd. (2005) CA No. 25 of 1997 (BB)289
Allied Protection Limited (Claimant) v John Barnes and John Barnes v Donald Williams [2013] JMCC Comm. 12 (JA)216
Althea Mitchell (Claimant) v Cheryl Stewart (Defendant) [2014] JMSC Civ 92 (JM)332
Amazon.com LLC and Amazon Services LLC v New York State Department of Taxation and Finance and The State of New York No. 60124708 (New York Sup Ct 2008)429, 443
Anderton v Rodgers [1981] Crim LR 404, DC (GB)357
Andre Alexander (Claimant) v St Lucia Golf Resort & Country Club Limited (Defendant) (2011) SLUHCV2007/0715 (LC)315
Andrene Brown (Claimant) v Insurance Company of the West Indies (Defendant) (2011) Claim No. HCV 04439 of 2007 (JM)192, 195
Andy Bhagwandeen (Claimant) v The Attorney General of Trinidad and Tobago (First Defendant), Deonarine Mahadeo and Sasenarine Deonarine (T/A Deonarine Mahadeo and Son) (Second Defendant), and The Chairman, Alderman, Councillors and Electors of the Region of Princes Town (Third Defendant)