TRUSTS WHAT IS A TRUST? The best way to fully understand what a trust is and does, is by appreciating its meaning in the ordinary sense or in the understanding of the layman. A ‘trust’ in its ordinary meaning is a firm belief in the reliability, truth, or ability of someone or something. “Relations have […]
Definition of strict liability: Strict liability is the imposition of liability on a party without a finding of fault ( such as negligence or tortious intent). The plaintiff needs to prove only that the tort happened and that the defendant was responsible. Strict liability is imposed for legal infractions that are Malum Prohibitum rather than […]
Lagos Judiciary PRACTICE DIRECTION FOR REMOTE HEARING OF CASES IN THE LAGOS STATE JUDICIARY The current Corona Virus (Covid-19) pandemic necessitates the use of Remote Hearing to ensure cases are heard and disposed of urgently where possible. This Practice Direction applies to: new cases where there is urgency; pending cases involving urgent or important and […]
An Introduction The importance of Wills in the life of a people cannot be overestimated. Death is an inevitable end of earthy life. We are living witnesses to the destruction of family units at the end of the patriarch’s life due to disagreement over inheritance. Homes have been broken and scattered; children and relations have […]
What is Defamation? Is a tort which protects the claimants reputation. Does not directly protect claimants from intrusion into their private life, but against wrongful attacks on their reputation. Defamation will only occur when a third party knows of the allegations. It is irrelevant that the defendant did not intend to harm the claimant. (Although […]
Intentional injuries to the person Deals with trespass to the person, which has 3 forms: assault, battery and false imprisonment. Each is an individual tort in it’s own right. The torts are actionable ‘per se’. ( The claimant does not need to have suffered any loss or damage as a result of the tort). Unlike […]
Interference with Economic interest Introduction The torts dealt with here are economic loss that is intentionally inflicted or in some cases, inflicted for an improper purpose. Deceit This tort is concerned with losses resulting from deliberate In many instances, the falsehoods result in the victim entering into disadvantageous contracts. The House of Lords in Derry […]
Vicarious liability This tort means that one person (even though otherwise not a tortfeasor) is liable for a tort committed by someone else. It is an extreme form of strict liability. An example in English law is the liability of employers for the torts committed by their employees in the course of employment. Distinction between […]
Negligence : Causation and remoteness of damage. Causation – Causation is relevant to all torts in which proof of damage is essential. It is important to link the tort (i.e. The breach of duty in the case of negligence) and not merely the defendant to the damage. Causation – The basic rule The basic rule […]
