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The Nigerian Blawg

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Sep 29, 2012

DO NOT ENTER: TRESPASS TO LAND

Trespass to land is a tort that is committed when an individual or the object of an individual intentionally or negligently enters the land of another without a lawful excuse. In other words A will commit the tort of trespass to land if he crosses the boundary of B's land,when he has no lawful justification or excuse for doing so. A will also commit the tort of trespass to land if he directly causes some object or matter to pass onto B's land when he has no lawful justification or excuse for doing so.  In some jurisdictions, this rule may also apply to entry upon public land having restricted access.

Sep 28, 2012

WHEN YOU NEED A LAWYER

Life has shown us in different times that more than we need anyone, we need a doctor. Medical or traditional, a doctor is our best friend whenever our human body fails us. And bodies like every natural thing have moments of failure. This body failure moment of our life is naturally inevitable. And no matter how strong we suppose we are, we have all had a cause to take some drugs either prescribed by some hospital guys or by our native fathers. Needing or having a doctor is as good as having a 'mechanic' to work on your car whenever you feel it is malfunctioning and it is only on this note that it could be pointed at the outset that this is no attempt to check

Sep 27, 2012

CONSUMER PROTECTION: AGENCY FUNCTIONS

The Consumer Protection Council Act is provided for under Chapter C25, Laws of the Federation of Nigeria 2004. It is an act to provide for the establishment of the consumer protection council and for matters connected therewith. The Council is made up of a chairman, a representative of each state in the Federal Republic of Nigeria and persons representing the ministries of Health, Commerce, Industry, Science and technology and Petroleum resources.

Functions of the Council


• Provide speedy redress to consumers’ complaints through negotiation, mediation and conciliation;
• Seek ways and means of eliminating from the market hazardous products and causing offenders to replace such products with more appropriate alternatives;
• Publish, from time to time, the list of products the consumption and sale of which have been banned, withdrawn, severally restricted or not approved by the Federal Government;
• Cause an offending company or individual to protect, compensate, and provide relief and safeguards to injured consumers or communities from adverse effects of technologies that are inherently harmful;

Sep 26, 2012

JURISPUDENCE: LAW IS PUNISHMENT


There are possibly more than a thousand reasons why we hold a second thought and give way for due reflection before we take an action. One of these reasons is probably rested in our belief in the existence of a super Being, our conviction in His supernatural abilities and our good understanding of the consequences of sin. This belief is purely a function of our morality as mortal men. It is simply

Sep 25, 2012

OUR FUNDAMENTAL HUMAN RIGHTS


What are Fundamental Human Rights?
Fundamental human rights are rights which by their very nature have become fundamental to existence. They are not just mere rights. The Supreme Court declared of them in Saude V Abudullah (1989) 4 NWLR Pt. 116 page 387@419 as:
  "fundamental rights are important and they are not just mere rights. They are fundamental. They belong to the citizen. These rights have always existed even before orderliness prescribed rules for the manner they are to be sought."
 It is a right  which stands above the ordinary laws of the land and which in fact is antecedent to the political society itself. It is a primary condition

Sep 21, 2012

How to succeed in an action for false imprisonment



False Imprisonment is the illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement. It is the act of depriving someone of freedom of movement by holding a person in a confined space or by physical restraint including being locked in a car, driven about without opportunity to get out, being tied to chair, or locked in a closet.

False imprisonment often involves the use of physical force, but such force is not required. The threat of force or arrest, or a belief on the part of the person being restrained that force will be used, is sufficient. The restraint can also be imposed by physical barriers or through unreasonable duress imposed on the person being restrained.

Sep 18, 2012

TWIN SISTERS: NEGLIGENCE AND DAMAGES



Negligence is the breach of a legal duty to take care which results in damage to another, in other words Negligence is lack of proper care and attention or careless behavior. The Black’s Law dictionary on the other hand defines Negligence as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.

There are 3 elements that constitute negligence, which include;
i. A legal duty owed by A to B.
ii. A breach of that legal duty.
iii. Consequential damage to B which can be attributed to A’s conduct.

Sep 13, 2012

3RD PARTIES & FUNDAMENTAL HUMAN RIGHTS



The blacks’ law dictionary defines human rights as the freedoms, immunities, and benefits, that according to modern values (especially at an international level), all human beings should be able to claim as a matter of right in the society in which they live. It has also been defined as a totality of inalienable God given rights that accrue to all human beings.

In the world today, those rights have been codified into laws of different territories, and with the aid of Global alliances such as the United Nations and African Union, many of those rights have been codified into various treaties with various levels of influence in the home jurisdictions of member states who are signatories to such treaties.

Sep 10, 2012

ENTREPRENUERSHIP: SETTING UP A COMPANY




My colleagues and I always get numerous questions from friends and family who want to set up their own companies, this enquires have made writing this article necessary, it aims to inform you about the basics everyone needs to know with regard to setting up a company. Kindly note that this article will never have be adequate to inform you about all you need to know about incorporating a company and if you need legal assistance, it will be wise to consult a lawyer.

Sep 4, 2012

ADOPTION LAW IN LAGOS STATE

In as much as the Nigerian society has always frowned on the concept of  adoption due to our traditional beliefs, quite a number of people still find adoption as quite ordinary and normal. So many people desire to adopt children for reasons best known to them but most times do not how to go about it. This article will help to provide an insight into the adoption law of lagos state and some of its provisions, however if one needs more information about the adoption process it will be wise to consult a lawyer.