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 …
Day: September 24, 2020
Provisions deemed void if contained in a hire purchase agreement.
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 …
Circumstances under which the president may exercise prerogative of mercy
Under the provisions of the Constitution the president is empowered to: Grant pardon to a convicted person either free or subject to lawful condition. Grant respite to a person indefinitely or for a specified duration of the execution of punishment Read More …
Criticisms that have been leveled against delegate legislation as a source of law
It is argued that delegated legislation is not as democratic as statute law in that it is not always made by representatives of the people. Neither parliament nor courts of law can effectively control delegated legislation. It is contended that Read More …
Distinction between ratio decidendi and obiter dictar
Ratio decidendi: o Literally means reason for decision. o This is a principle or proposition of law based on the material facts of the case. o It disposes off the case before the court. o It is the binding part Read More …
