bestowed on Nigeria by colonial masters‚ common law principles‚ rules and doctrines have tremendous influence on administration of justice system in the country. Particularly as an offshoot of that influence‚ the common law doctrine of stare decisis‚ translated as judicial precedent or simply as precedent‚1 has come to be regarded as a source of law in the country.2 Simply put‚ stare decisis is a practice in the administration of justice in common law jurisdictions‚3 whereby a court is bound to
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THE LAW OF EQUITY Class Notes by J. K. Asiema © 2005 University of Nairobi TOPICAL OUTLINES 1. Historical Origin and Development of Law of Equity in England 2. Maxims of Equity 3. Equitable Remedies include Injunctions‚ Specific Performance Etc. 4. Application of Equity in Kenya - The Nature‚ Historical Origin & Development Of Law Of Equity In England DEFINITION OF EQUITY Equity has an ordinary meaning and a technical meaning. In the ordinary sense‚ equity means fairness‚ justice
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Tragedy of the Commons Learning about the tragedy of the commons is as depressing as the title suggests. From the class activity‚ I gained some insights on the interactions within a community when they are given a finite amount of resources to share. Hardin shed some light on the issue‚ where he summarized that each time a commons is “enclosed” upon‚ it only leads to the “infringement of someone else’s personal liberty”.1 In the end‚ with the population size and demand for common resources increasing
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Why we have laws- The law is a legal set of rules that the government and courts have made for everyone to follow. Without laws‚ confusion and chaos would occur. In extreme cases of conflict‚ a state of anarchy would develop. The person with the most strength will start to dominate and the weak and helpless would suffer. However‚ when laws are enforced‚ a sense of order is created resulting in a society where everyone can live peacefully. Why laws change-? Societies’ perceptions have changed over
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Mount Kenya University Nairobi Campus Department of Law Bachelor of Law Law of Tort II Professor Manyasi (Lecturer) Adm./113/01151 Question: What is the relationship between easement and the law of tort? Discuss. An easement is an interest in land which is created by express agreement‚ prior use‚ or necessity that permits one person to make use of another’s estate. An affirmative easement gives one person the right to use another’s land; a negative easement prevents the
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MGMT3046 Company Law: Course Wrap Up November 2012 We have come to the end of formal instruction in Company Law‚ so it is useful at this point to review the main learnings from the course. This will be somewhat long! Unit1 Salomon v Salomon and the corporate veil. This is a foundational case in company law which enunciated the principle of the separateness of company and its members (shareholders and officers). The principle makes it quite clear that the separation of the company from its members
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Common Problems in Law Enforcement Course Principles of LPSCS Unit II Law Enforcement Essential Question How does the enforcement of criminal laws present problems for law enforcement personnel and how can we best resolve those issues? TEKS §130.292(c) (7)(E) Prior Student Learning Criminal laws Estimated Time 7 to 9 hours Rationale There are common problems that exist when attempting to enforce laws against crimes such as electronic crimes‚ hate crimes‚ hot pursuits
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FAMILY LAW INTRODUCTION 1. Family as an institution 2. History of the Family as an Institution 3. Historical Backgrounds of Family law in Kenya. Family as an Institution: In one social context a family may refer to a man and a woman who share a common household. In another‚ it is defined as all persons who share blood relations. In others‚ it is defined as all persons who share a household. In others still it means all the members of a household‚ including parents and children with
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heart of the Common Law system of rights and duties. Judicial precedent is concerned with the major of case law in the common law system‚ it had been described as the legal experience from lawyer’s term. The term of ‘precedent’ there is an implication that what was done before should be done again and which mean a good guide to follow and trying to solve a problem is to see what examples exist where this or similar problems have been tackled before. If a case then had decided point of law it will be
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Poppy v Jay – Pushing Poppy – Battery at Common Law Application of force to the plaintiff At common law there must be a direct or indirect application of force towards the plaintiff. Jay pushed Poppy and the immediate effect of the defendant’s act is what caused contact with the plaintiff. This push constitutes as offensive
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