Fore closure: this is a court order which extinguishes the borrower’s equitable right to redeem the property. The interest of the borrower in the property is vested in mortgagee. Statutory power of sale: this is the right of the mortgagee Read More …
Day: September 26, 2020
Ways in which a pawn can be redeemed
The pawnor is entitled to redeem the goods pawned within the stipulated time or if no time is fixed, within a reasonable time after demand for payment has been made. If the pawnor does not redeem, the pawnbroker has a Read More …
Characteristics of a pledge
Characteristic of a pledge; There is delivery of possession from the Pawnor to the Pawnee. The right of ownership is the goods pledged as a security remains in the pawnor. A pledge is redeemable within six months, with seven days Read More …
Distinction between “pledge‟ from “mortgage”.
Pledge This is a pawn It is the delivery of goods by a debtor to a creditor as a security for the amount borrowed or advanced to the debtor. Its salient feature is delivery of possession. The creditor acquires possession Read More …
Exceptions to the “nemo dat” rule.
Estoppel: Where the true owner holds out another person as owner and third parties rely on the representation to their detriment. Sale by factor or Mercantile agent: Such a sale passes a good title. Resale by seller in possession: this Read More …
Implied conditions on the part of the seller with reference to contract of sale of goods
Right to sell: under sec 14 (a) of the Act, it is implied that the seller shall have the right to sell the goods when property is to pass. Sale by description: under sec 15 of the Act, in a Read More …
Essential aspects of the defence of fair comment in an action for defamation.
For the defence of fair comment to be sustainable it must be evident that: The matter commented was one of public interest. The statement was an opinion not as assertion of fact. The opinion is based on facts. The statement Read More …
Occasions when a statement would enjoy privilege and hence not actionable in court.
The meaning of the word privilege is that a person stands in such a relation to the fact of the case that he is justified in saying or writing what would otherwise be slanderous or libelous. Privilege may be absolute Read More …
Definition and forms of defamation
Defamation is the publication of a statement, which reflects on a persons reputation and tends to lower him in the estimation of right thinking members of society generally, and tend to make them shun or avoid him. It has also Read More …
Advantages of Acts of Parliament as a source of law
Democratic in nature: parliamentary law making is the most democratic approach to legislation. This is because parliament is composed of representative of the people. Arguably therefore, statute law is a manifestation of the wishes of the people. Uniformity: statute law Read More …