Davis, Jascinth v Delroy Reid and Topenga Properties (Jamaica) Limited

Tort-Negligence-Duty of Care-Breach of Duty-Nature of Duty of Care Owed-Whether Duty of Care Owed was Breached by the Defendant.

Civil Practice and Procedure-Pleadings-Particulars of Claim-Whether Claimant's Particulars of Claim Property Set out the Nature of the Duty Owed and Properly Pleaded of Claim Properly Set out the Nature of the Duty Owed and Properly Pleased the Fact of Breach.

Civil Practice and Procedure-Civil Procedure Rules-Rule-Rule 8.9A-Whether Claimant set out the facts of factual allegations on which they intend to rely in their particulars of claim-Whether Evidence Presented at Court is in accordance with the Pleaded Case-Whether Court can take cognizance of evidence of facts not pleaded.