Research Papers/Topics in Commercial Law

A Critique of the Residence Rule in Nigeria Policy, Law and Administration

Residency is a key factor in taxation, since a taxpayer is generally liable to payment of taxes to the state where he is resident.The issue of residency is a topical one that deserves additional discourse. It would appear that the residency rule which obligates a taxpayer to pay to the relevant tax authority of where he resides still stands; what has now been amended is the principal place of residence which should be considered when an individual has more than one residence. A challen...

Legal, Theoretical and Conceptual Framework of Treasury Single Account (TSA) Under the Nigerian Constitution

This work looks at the importance of TSA to the Nigeria economy AbstractGovernment banking arrangement are  an important factor for efficient management and control of government cash resources, such banking arrangement  should be designed  to minimize the opportunity cost of cash resources, this requires that all cash received is available for carrying out government expenditure programs and making payments in a timely fashion. Many emerging market and low-income countries have fragmente...

Neighboring Rights in Nigeria

NEIGHBORING RIGHTS IN NIGERIAABSTRACTIntellectual property law has proved to be a possible tool for the transmission and management of traditional cultural expressions and cultural heritage; protecting it from unauthorized use, reproduction, misappropriation and other forms of dishonest exploitation.  “Neighboring Rights” is one of those terms that can cause an awful lot of confusion due to the background of the name itself. It is often confused with relating to payments ...

THE IMPACT OF GLOBALIZATION ON PRODUCT LIABILITY

The world is a global village with goods and services, being distributed around the globe through trade. The advent of globalization portends great economic development for developing nations such as Nigeria. However in the course of this transfer of trade, there is the incidence of injury which can result from the incessant transfer of harmful and hazardous products. Therefore this paper is poised to show the negative impact of globalization in the food chain of any nation, due to the fact t...

ENFORCEMENT OF CONSUMER PROTECTION IN NIGERIA: THROUGH THE LAW OF TORTS

                                                 ABSTRACT A tort is a wrong either to person, property, community or even a nation. This wrong should not go without strict punishment especially when it is shown that the person who owes a duty to show reasonable care failed in his duty. Consumers worldwide are the same; there should be no room for comparis...

ANALYSIS OF THE BASIC PRINCIPLES OF INSURANCE UNDER THE NIGERIAN LAW OF INSURANCE

ABSTRACTEvery human being is faced with the possibility that one or more of the hazards which form part of life will sooner or later befall him and which may cause him pecuniary loss. This misfortune is uncertain as to time or period it will occur and this among others include: fire outbreak, accident or even death. It could be seen that all those are beyond human control as their occurrence cannot be controlled by the individual. For example, the family bread winner knows it is beyond his co...

EXAMINING PUBLIC PRIVATE PARTNERSHIP IN NIGERIA (POTENTIALS AND CHALLENGES)

ABSTRACTPublic Private Partnership has been said to be a long term agreement between a government agency and a private partner for the delivery of goods or services with both party sharing in the risks and rewards inherent in the delivery of the goods or service which include financial risks and responsibilities.Public Private Partnership is an answer to the high demand for infrastructure which is at an all time high which is not being currently met by traditional contracting methods. Private...

THE LAND USE ACT OF 1978. APPRAISAL, PROBLEMS AND PROSPECTS

ABSTRACTFrom time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of man and his development. It is a source of wealth to those who have it and the mother of all properties. In other words, virtually all the basic needs of human existence are land dependent. In view of the importance and usefulness of land to man and his development as well as the development of his society, every person generally d...

AN EXAMINATION OF LAWS AND PROCEDURES REGULATING TRADE DISPUTE IN NIGERIA

ABSTRACTThe major problem in the Nigeria Labour System has been and still remains the incessant strikes by workers. Strike as distasteful as it is, performs various useful functions, for example when it is properly used, it can force management to concede to the demands of the workers. In spite of its usefulness in the employer-employee’s relationship, it imposes costs on the two sides and on the economy as a whole.How has the government responded to the problem of industrial action wh...

DISCUSS THE VARIOUS PROVISION AND SECTION OF THE LAND USE ACT OF 1998

ABSTRACTWe have watched over the decades the problems encountered in the acquisition of land and subsequently in obtaining the approval of a certificate of occupancy and housing delivery in Nigeria. At the kickoff of the Land Use Act 1978, it was stated that “whereas it is in the public interest that the rights of all Nigerians to the land of Nigeria be asserted and upheld by law”. Our business is not really another criticism against the Act, but an in-depth evaluation of how it has attai...