Day: September 24, 2020

Statutory authority: this is a complete defence if the accumulation of the thing was statutorily sanctioned. Plaintiffs Consent or benefit: the plaintiff cannot complain of the escape if he benefits from the accumulation or expressly or implied consented to it. Read More …

This is the rule of strict liability or liability without fault. The principle in this rule is that a person who for his own purpose brings on his land and collects and keeps there anything likely to do mischief if Read More …

There must be a dorminant and servient tenement. The easement must accommodate the dorminant tenement. The dorminant and servient tenements must be owned or occupied by different persons. The easement must be capable of forming the subject matter of the Read More …

Partition of the property concerned by mutual consent. Transfer to a third party. Union in sole tenant i.e. becomes vested in one person. Severance i.e. conversion of a joint tenancy to a tenancy in common.  

This is the legal ability of a party to enter into a contractual relationship. Not every person has capacity to enter into any contractual relationship. A contract entered into by a person with no capacity to contract is unenforceable, for Read More …

Mistakes of fact which affect the validity of a contract are referred to as operative mistakes. The law recognizes various types of operative mistakes for example: Common or shared mistake: this is a mistake as to the existence or ownership Read More …

A partner may not engage in a competing business without the consent of other partners A partner who makes a secret profit without the consent of the other partners must account to the firm. A partner who has a personal Read More …

Performance of the undertaking. Completion of the undertaking. Lapse of time-if the duration is fixed. At will: – a partner notifies the others of his intention to have the firm dissolved. Mutual consent. If all partners agree. Death of a Read More …

This maxim literally means that “delegates must not delegate.” This maxim does not apply where: The sub-delegation is authorized by the contract between the parties. It is authorized by law. It is effected with the principals knowledge. It is authorized Read More …

A provision which authorizes the owner or any person acting on his behalf to enter upon any premises for purposes of taking possession of goods let under a hire purchase agreement. A provision which relieves the owner from liability for Read More …