During the early 1950s, when the NHS was in its golden era, the medical profession was still “unregulated and paternalistic” in approach. Consequently, the medical profession had enjoyed an unreserved obedience from patients, and treated with great reverence by the society. John Hector Bolam1 was a patient who sustained fractures because the defendants applied unmodified electro-convulsive therapy on him. So, his suit for negligence provided the much needed opportunity for grounding the p...
In this work, there is an illumination of the liability of legal practitioners to their clients and by paying careful attention to the provisions of the Legal Practitioner Act 1962, CAP 207 Laws of the Federation of Nigeria. This work also observes the provisions of the United Kingdom, as well as the United States, regards professional negligence.
Contents: Historical Background of Equity and Trusts law, Equity Versus Common Law, Effects of Equity on Legal Certainty, Traditional role of Equity and Trusts Law, Literature ReviewIntroductionThe law in the United Kingdom is mainly described as a body of rules either which have evolved over a long time through court judgements or that which is clearly defined by legislation. However, there is another source of law referred to as Equity. The source of ...
ABSTRACT The study of the electronic banking and the related laws in Uganda has had a profound impact on this research. The commercial banking environment in Uganda has constantly changed with time. Through the brick and mortar banking halls, ccmmercial banks have invested heavily in the provision of varied services that encompass electronic services. The researcher thus carried out this research relying on both primary and seccndary data to establish the relationship that exists be...
Abstract The students of the Faculty of Law, University of Ibadan were introduced to the clinical way of legal education in the year 2008. This is a new teaching method different from the traditional method of teaching law. A specialized Women’s Law Clinic was also inaugurated to complement the clinical work in the faculty. This article reflects on the attitude of the students to this development, using the results of an unstructured interview of some third- and fifth-year law student...
This section starts with the historical review of Ethiopian women‘s roles and status analyzed from a feminist perspective. The aim is to find out whether there were feminist tendencies among the actions of women in the past and what forms those had. What has to be kept in mind is that women‘s right, question and other related issues, in the past and at present, were strongly influenced by the political and religious culture of society that continues unabated. Taking this into consideratio...
CONTENTntCRIMINAL LAW I. 2 THE DEFINITION OF CRIME. 2 HISTORY OF NIGERIAN CRIMINAL LAW. (BRIEF). 4 CULTURAL INCOMPATIBILITY OF THE NIGERIAN BELIEF AND THE CRIMINAL LAW INTRODUCED. (CONFLICTS). 6 CLASSIFICATION OF OFFENCES AND THE LEGAL SIGNIFICANCE OF THE CLASSIFICATION. 8 CRIMINALIZATION POLICY. 10 PRINCIPLES OF CRIMINALIZATION. 10 THE BASIS OF CRIMINAL RESPONSIBILITY. 12 ELEMENTS OF CRIMINAL RESPONSIBILITY. 14 TYPES OF CRIMINAL RESPONSIBILITY. 18 ATTEMPT. 22 CONSPI...
This maiden editorial of the Carnelian Journal of Law and Politics examines a vital question that is essential to the Nigerian polity. There have been many commentaries on the imperfect federalism practiced in Nigeria, which is the consequence of the foundational problems with the Constitution of&n...
When considering murder there are several components of law which must be taken into account. This essay highlights elements of murder to be considered: mens rea (guilty mind), actus reus (guilty act), self-defence, provocation or involuntary manslaughter. The elements of murder must be addressed to ascertain if the act in question is actually murder. For a conviction to be safe, it is essential that the evidence provides an outcome that is beyond reasonable doubt; the burden of proof is upon...
Economic justice is the expression of the effective distribution of economic goods. This could be realized throughjudicial mechanisms. Effective judicial systems are the platform on which economic justice can be actualized. There is a positive connection between economic justice and an effective judicial system, and this is usually measured by the rule of law and the level of its regard. The paper argued that one of the established dysfunctional characteristics of developing nations is th...
Vicarious liability is a common law rule incidental to colonialism in Nigeria which has since become an essential part of the Nigerian law. Vicarious liability is where a person without fault becomes liable for the tort of another because of some pre-existing relationship between them particularly, between a principal and his agent. Several justifications abound for the imposition of this rule. Vicarious liability is strict liability without fault on the part of an employer. By virtue o...
ABSTRACTAdministration of Criminal Justice Act, 2015 is an Act of National Assembly which is applicable to all criminal trials for offences established by an Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja. That is, it is applicable in all Federal High Court Divisions, High Court of FCT, Abuja and Magistrates’ Courts within the FCT, Abuja. In the same vein, some states of the federation like Kogi State, Delta State and others have domestica...
ABSTRACTBeing a developing country, electronic commerce is a relatively new phenomenon in commercial transactions in Nigeria. This research work analysed the legal and regulatory framework on cashless economy and electronic commerce in Nigeria. Doctrinal research methodology was adopted in the course of the study. The major findings in the work is reflected on insufficient legal and regulatory framework for electronic signature, taxation of electronic commerce, online consumer protection amon...
The paper is intended to interrogate section 285 of the Constitution of the Federal Republic of Nigeria (as amended) with a view to determining whether it is a statute of limitation.
ABSTRACTIssue of gender equality (men and women) are equal in all ranks, which also includes politics, which is aimed at women rather than men, these debates degenerate and disintegrate into discordant posturing, grandstanding, sweeping, generalizations and misrepresentation. I do not intend to throw my hat into the ring. I only wish to add my voiced to the discourse. Before women’s participation in politics remained a contentious but neglected area in dedicated academic discourse or f...