Tort law at Vanuatu
Tort law in Vanuatu operates within a legal framework that combines English common law principles with local statutes and customary law. The judiciary applies these principles to adjudicate civil disputes involving personal injury, property damage, and other civil wrongs.
⚖️ Legal Framework
Civil Procedure Code: Governs the procedures for civil litigation, including tort claims.
Limitation Act [Cap 212]: Sets time limits for bringing actions in tort. Notably, actions for negligence, nuisance, or breach of duty resulting in personal injury must be initiated within three years from the date the cause of action accrued.
Workmen’s Compensation Act [Cap 202]: Provides a statutory framework for compensation to employees injured during employment, outlining the amount of compensation payable.
Island Courts Act 1983: Establishes Island Courts with jurisdiction to hear minor civil and criminal cases in accordance with local custom, provided they do not conflict with written law or contravene justice, morality, and good order.
🧾 Key Principles in Tort Law
1. Negligence
Negligence claims in Vanuatu are assessed using the three-stage test established in Caparo Industries plc v Dickman (1990), which requires:
Foreseeability: The defendant should have reasonably foreseen that their conduct would cause harm to the claimant.
Proximity: A close relationship between the defendant and the claimant.
Fair, Just, and Reasonable: It must be fair, just, and reasonable to impose a duty of care in the circumstances.
In Vanuatu Ferry Limited v Republic of Vanuatu, the Court considered whether a duty of care existed between the government and a ferry operator during the COVID-19 state of emergency. The Court found that, due to the exceptional circumstances and policy considerations, it was not fair, just, and reasonable to impose such a duty
2. Damages
Vanuatu courts award both general and special damages in tort cases:
General Damages: Compensation for pain, suffering, and loss of amenity.
Special Damages: Quantifiable losses such as medical expenses and loss of earnings.
In Vanuatu Copra & Cocoa Exporters Limited v Agwaiasi, the Court awarded substantial damages for personal injuries, including VT 23,627,126 for Mrs. Enid Agwaiasi and VT 27,121,929 for Ms. Zariella Agwaiasi, after adjusting for contributory negligence and socio-economic factors .
3. Contributory Negligence
The principle of contributory negligence applies when the claimant's own negligence contributes to the harm suffered. In the Agwaiasi case, the Court reduced the damages awarded to the claimants by one-third to account for their contributory negligence .
4. Public Law and Tort
Claims against the government for tortious acts are subject to public law principles. In Mass v The Government of the Republic of Vanuatu, the Court found that no torts had been committed and that the Police Commissioner acted in good faith, thus not awarding damages .
🧭 Customary Law Integration
Vanuatu's legal system recognizes the coexistence of customary law (kastom) and formal legal institutions. Island Courts apply local customs to resolve disputes, provided they do not conflict with written law or contravene justice, morality, and good order .
🏛️ Judicial Precedents
Telecom Vanuatu Limited v Tari: The Court awarded damages for loss of earnings and future earning capacity following a bus accident, considering the claimant's disability and limited employment prospects.
Emile v Republic of Vanuatu: The Supreme Court assessed compensation under the Workmen’s Compensation Act for an injury sustained during employment, emphasizing the statutory framework for such claims.
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