FabReads Digest with Law

Feb
15

FabReads Digest with Law 055 – Actus Reus

Actus Reus is the physical act of a crime. it may also be defined as all the material elements in the definition of an offence except the accused’s mental state. It consists of conduct, circumstance, result or consequence of conduct or omission. However, these three elements do not need to be present in every offence. […]

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Jan
26

FabReads Digest with Law #054 – Land Law – Terminologies in Land law (Possession)

Possession means the effective physical or normal control or occupation of a property. Thus, a person in possession is that person who is in actual physical possession of the land. A person claiming possession must not only prove his relationship to the land but must also prove his physical acts showing exclusive possession of the […]

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Jan
20

FabReads Digest with Law 053 – Trespass to Person (False imprisonment)

Lord Edward, COKE CJ explained false imprisonment as ‘’Every restraint of the liberty of a free man is imprisonment although he be not in the confines of a prison.’’ It should be noted that false imprisonment is actionable per se and must occur as a result of the direct act of the defendant. Elements of the tort […]

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Jan
19

FabReads Digest with Law 052 – Origin and Evolution of Equity

Equity developed around the 12th century when England was conquered under the rule of William the conqueror. The territory of England was different from the Normandy in terms of the custom and the sociological composition of the people. Itinerant judges travelled around the land settling disputes in the name of William the conqueror and reported to […]

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Jan
16

FabReads Digest with Law – 051 (Business Law – Forms of Business Organisations – Corporation)

A corporation is a business organisation that acts as a unique and seperate entity from it’s shareholders. They are considered a legal person. This means that the profits generated by a corporation are taxed as the personal income of the company. A corporation pays it’s own taxes before distributing profits and dividends to the shareholders. Any […]

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Jan
14

FabReads Digest with Law – 050 (The Essence of Agency Relationship and If Agency Is A Consensual Relationship)

The need to appoint someone to perform an act on behalf of the person appointing him underscores the need for agency relationship. The essence of agency especially in modern terms can be gleaned from the following: The multiplication of tasks confronting man on a daily basis: a man finds out that he has too many tasks […]

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Jan
12

FabReads Digest with Law – 049 (The Judicature Act of 1873-1875)

The Earl of Oxford Case solidified the position of the court of chancery in English Legal System. This resulted in the presence of two courts with different jurisdiction. This caused a lot of distress to litigants who had to go to both courts when in need of equitable and common law remedies. This was because the […]

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Jan
09

FabReads Digest with Law – 048 (Trespass to Person – Battery)

According to Gilbert Kodilinye, ‘’battery is the intentional application of force to another person.’’  Thus, it may be explained that battery is the application of force on a person without his consent and without legal justification. Elements of battery: 1. There must be Intention to apply force: To be liable for battery, the plaintiff must establish […]

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Jan
07

FabReads Digest with Law – 047 (Terminologies Under Land Law – Title to land)

In an action for declaration of title, the person claiming title must prove facts that will convince the court that the person claiming title is the rightful owner of the property in dispute. Title has always been associated with possession. The person entitled to possession is also assumed to be entitled to title of the land. […]

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Jan
05

FabReads Digest with Law – 046 (Trespass to Person – Assault)

Kodilinye(Nigerian  Law of Torts, op.cit.p.12), defines assault as ‘’any act which puts the plaintiff in fear that battery is about to be committed against him.’’ It does not have a universal definition. Elements of Assault 1. It must be direct and intentional: It has to be proved that the action of the tortfeasor was intentional and directed towards […]

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