Rosaario vs. Basnayake – sllr 2011 volume 1 page 034

In the case between Rosairo (plaintiff) and Basnayake (defendant), the court addressed whether the defendant’s admission of guilt in Magistrate’s Court proceedings on charges of negligent driving and failure to prevent an accident was sufficiently probative to establish negligence in civil proceedings, and the correct method for assessing special and general damages in light of the plaintiff’s injuries and financial losses. It was determined that the guilty plea was highly probative of negligence, especially given adverse weather conditions and uncontroverted supporting evidence. The principle reaffirmed was that a valid criminal conviction, by plea or trial, is relevant in related civil litigation. The court relied upon standards governing the evidentiary value of admissions and establish

REF: sllr 2011 volume 1 page 034 Category: Tag:
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