28th
January 2012
Frequently
asked questions
How
do you start civil proceedings?
The Civil Procedural Rules 2000 (CPR), Part
8 deals exclusively with how to start proceedings
in the Eastern Caribbean Supreme Court. According
to Part 2.2 of the CPR, the following matters
are not covered by these Rules: family proceedings,
including divorces; non-contentious probate
matters, insolvency and any matter where the
High Court is acting as a prize court.
What
is an affidavit?
An affidavit is described as a written statement
sworn on oath or affirmed to be true. The maker
of the affidavit is called the deponent. He
or she will sign this document before an attorney,
Notary Royal or Justice of the Peace. Part 30
of the Civil Procedural Rules (CPR) 2000 deal
with the definition, form and content of the
affidavit. An affidavit is made in the first
person. The body of the affidavit starts with
the name, address and occupation of the deponent
making an affirmation or a sworn statement.
What
is a statement of truth?
The Eastern Caribbean Supreme Court Civil Procedure
Rules 2000 (CPR) states at Part 3.12 that every
statement of case must be verified by a certificate
of truth, also referred to as the statement
of truth in other jurisdictions.
Here is an example of one:
‘I (name and address of the Claimant)
certify that I believe that the facts stated
in this claim (or other document) are true.’
Should
I keep my receipt?
Purchasing an item from a store means that the
customer has entered a legally binding contract.
Refunds and exchanges are not automatic; the
purchaser must prove that the item was either
not of satisfactory quality or not fit for purpose.
According to the Sales of Good Act 1979, section
14 (2):
“Where the seller sells goods in the course
of a business, there is an implied term that
the goods supplied under the contract are of
satisfactory quality…”
This section covers what constitutes ‘satisfactory
quality’. This means that the item would
be considered by a reasonable person to meet
the standards of fitness, durability, safety,
freedom from minor defects, appearance and finish.
Section 14(3) of the Act refers to what is fit
for purpose. It states:
“…that the goods supplied under
the contract are reasonably fit for that purpose,
whether or not that is a purpose for which such
goods are commonly supplied…”
A receipt acts as proof of purchase, and is
evidence that item or service has been purchased.
It is a form of written acknowledgement that
a good or service has been received in exchange
for a specified sum of money.
It is advisable to keep your receipts; ask the
stores about their refund/exchange policy especially
for larger items. Items purchased at one outlet
can usually be refunded or exchanged at another
outlet with proof of purchase. A customer cannot
simply change his or her mind and expect a refund
or exchange; this would be at the store’s
discretion. Stores are usually relaxed about
this over the holiday season, as gifts are occasionally
returned or exchanged. Further, it is also discretionary
for stores to refund or exchange without a receipt
or any other proof of purchase.
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