Month: September 2020

Defences to the above torts (trespasses) Trespass to person: Consent – where the plaintiff consents, his claim will be bad. The consent must be real. Self-defence: Trespass to person is justified if it is committed in reasonable defense. Trespass to Read More …

The tort of trespass is divided into the following three trespasses Trespass to person – Relates to any direct interference with the person of another, it includes assault, battery and false imprisonment. Trespass to goods – An action for trespass Read More …

Types of trespass on goods: Trespass on chattels or goods – This tort consists of interference with goods which arc ill the actual or constructive possession of the plaintiff. Detinue – This is the wrongful withholding of goods of another. Read More …

Types of trespass on persons: Assault – The conduct or.ibrcstto.do.violence.to another in circumstances giving rise to the apprehension that the person is in real danger. Battery – Actual unwarranted striking or hitting of another 0: mere touching in a rude Read More …

Implied Authority of a partner In a trading firm the implied authority of a partner has been held to include: Purchasing goods on behalf of the firm. Selling goods for the firm. Receiving payments of the debts due to the Read More …

Ways in which a legal person can be created Registration: This is a process if incorporation provided by the Companies Act. It is evidenced by a certificate of Incorporation which is the ‘birth certificate’ of the corporation. Corporations created by Read More …

Distinction between a natural person and a legal person with reference to the law governing legal personality Natural Persons are simply human beings and they are internationally recognized to have and enjoy the basic human rights and freedom There legal Read More …

Liability of an individual partner for the liabilities of the firm. The liability of a general partner extends to the whole of the debts of the partnership. He jointly with the other partners for this reason a creditor can pursue Read More …

Liability of the firm in torts committed by one partner Where a partner commits a tortuous act, the remaining partners are jointly and severally liable with him, provided they authorised the act either expressly, or by implication, where the act Read More …

Rights and duties of partners in a partnership with no partnership agreement Rights of partners Equal profit and loss sharing Equal right to participate in management. The right to require certain property of the firm to be sold in payment Read More …