Research Papers/Topics in Commercial Law

Women's Rights And The Nigerian Criminal Justice System: A Sorry Tale

IntroductionIn any criminal proceeding, there should be respect for the rights of the victim and the accused irrespective of the sex, tribe or status. They are to be treated with justice and dignity. The existence of a criminal justice system (C.J.S.) is to guarantee the ultimate protection of the society’s basic value and norms. In virtually all civilized societies, there are rights which are universal, basic and enjoyed with fellow human beings. In many societies, women are dealt wi...

Mitigating Crises In The Nigerian Banking Industry Through Effective Application Of Prudent Mortgage Principles

ABSTRACT This work identified non-performing loans as a major contributor to banking crisis. Albeit many loans were secured with mortgages, recovering them proved impossible owing to many factors which militate against realization of mortgage securities. This work therefore examined these factors that hinder realization of mortgage securities and proffered solutions to them in order to enhance debt recovery. The work discussed the canons of good lending; the factors that lenders should ...

The Right to Qualitative Health Care in Nigeria: A Quest for Law Reform

ABSTRACT Human rights are inherent to all human beings, regardless of their nationality, place of residence, sex, or ethnic origin, colour, religion, language, or any other status. Health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity. The right to health guarantees the right to life, on which other social, economic and political rights are hinged. The right to health involves availability, accessibility, acceptabili...

The Regulation Of Work: Whither The Contract Of Employment?: An Analysis Of The Suitability Of The Contract Of Employment To Regulate The Different Forms Of Labour Market Participation By Ind

ABSTRACTThe focal research question of this thesis is the relevance of the contract ofemployment in modern employment. In answering this question three broadareas associated with the contract are explored: (1) the evolution of thecontract of employment in South Africa and the dichotomy between thecontract of employment and the independent contract; (2) the forms ofengagement of workers in the South African labour market; and (3) alternativeregulatory models with specific reference to m...

Challenges to Grant of Injunction Pending Appeal in Nigeria – Way Out

AbstractThis paper examined the conditions for the grant of Order of Injunction Pending Appeal by Nigerian Courts. The paper traced the origin of the Order from the English authorities, and the adoption into the Nigerian judicial system. The author examined the High Court of Lagos State Rules and the Federal High Court Rules to establish the procedural source of the application of the Injunction Pending Appeal by the Courts and concluded that the rules do not support the  Orde...

Enforcement Of Foreign Arbitral Awards In Nigeria And The Challenge Of Time Limitation

ABSTRACT Considering the importance of arbitration in the settlement of commercial disputes world over, this work has its focus on the effect of time limitation in the enforcement of foreign arbitral awards in Nigeria being that the current legal position in Nigeria on the limitation period for enforcement of arbitral awards appears to be narrow and too limited compared to what obtains in other parts of the world especially in jurisdictions like England, China and Hong Kong which in our...

Division Of Taxing Powers In Nigeria – A Paradigm Shift

ABSTRACT The prolonged military rule in Nigeria has bequeathed an over centralized structure under the Constitution of the Federal Republic of Nigeria, 1999 whereby the Federal Government generates about 90 percent of the country‟s tax revenue. While the need for decentralization and diversification of Nigerian revenue base from oil is self evident, the critical roles of division of taxing powers in achieving these laudable objectives are yet to be articulated and mainstreamed in publ...

Language Of Law: Imperative For Linguistic Simplicity

Abstract Language is a veritable tool of the legal profession as a lawyer's proficiency is sometimes measured in terms of his linguistic dexterity: both verbal and written. However, over the centuries, there seemed to have evolved a distinct language of law usually referred to as legal language. Legal language employs specialised vocabulary and unusual sentence structure which contributes to its peculiarities. It is sometimes cumbersome to understand legal language due to the usage of a...

DOMAIN NAME THEFT - CYBERSQUATTING: WHAT IT MEANS FOR TRADE MARKS

With the fast-spaced development and expansion of the internet, the chances of seeing a business without an online presence has almost become impossible as most business entities now have websites or at least one form of online presence or the other; and those without one are certainly considering doing the same. The reason is simple: the internet presents a speedy and convenient way of creating awareness for one’s products or services. Thus, establishing an online presence becomes hi...

Ownership, Rights And Access To Minerals In Namibia: A Contemporary Legal Perspective

AbstractNamibia has a rich mineral heritage, but the larger proportion of these minerals is mined by foreign owned companies. The majority of the Namibian people do not have access to these mineral resources. Thus, the distribution of natural resources in Namibia has been blamed for the high inequality within the Namibian society as foreign investors arguably benefit more from the mining proceeds than locals. Therefore, the unequal distribution and ownership of natural resources can equally i...

Whistle Blowing; The Whistle Blower; The Whistle Blowing Act” A Simple Expose /An Easy To Read Discourse On The Concept Of Whistle Blowing

ABSTRACTThe term whistle blower has been connected to U.S. Civic Activist Ralph Nader who was said to have put ―a positive spin on the term in the early 1970s to avoid the negative connotations found in other words such as ―informer‖ and ―snitch‖1.‖2 In the 19th century, whistle-blowing was attached to law enforcement agents who use whistle as a means of alerting the public or other policemen of illegality.3 The term has also been related to sport referees in sports events who use...

Legal Framework And Consequences For Mergers And Acquisitions in Nigerian Banking Industry

Abstract Mergers and acquisitions have gained so much currency and acceptance worldwide that many countries have embraced them in the promotion of their economy, especially in the banking industry. Nigeria however, is not left out among countries that are involved in mergers and acquisitions. Mergers and acquisitions in the banking industry have highly protected both the depositors and bank workers in the event of a bank going into liquidation the depositors would not lose entirely. Ban...

A Critical Examination Of Consumer Protection Law And Practice In Nigeria

ABSTRACTThis work considers two aspects of consumer law namely, substantive and practical protection of human rights.

Analysis Of Effectiveness Of The Law Of Agency On Electronic Commerce In Zambia: A Study Of Zampost- Ndola Branch

ABSTRACTThe law of agency is a area of commercial law dealing with a set of contractual, quasi- contractual and non-contractual fiduciary relationships that involve a person called the agent in this case Zambia Postal Services Corporation (Zampost), that is authorized to act on behalf of another person called the principal in this case a customer to create legal relations with a third party. Succinctly it may be referred to as the equal relationship between Zampost and a customer whereby the ...

Impact of Internet Banking on Banker and Customer Relationship

ABSTRACT   Banking industry as well as relationship between banks and their customers has undergone tremendous changes with the introduction of information technology. Internet banking and electronic banking both of which are off shoot of information technology are major forms of banking adopted by banking industry.   Internet banking which is also known as online banking has become increasingly popular in Nigerian recent years. The reason for this popularity maybe sai...


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