Advantages: Certainty and Predictability: In Dodhia V. National and Grindlays Bank the Court of Appeal was emphatic that “a system of law requires a considerable degree of certainty.” Case law makes a legal system certain and predictable. Consistency and uniformity: Read More …
Month: September 2020
Categories of judicial precedent.
Categories of Judicial precedent Declaratory precedent: A judge applies to the facts of one particular case a legal rule previously enunciated in an earlier trial. The decision declares existing law. Original precedent: In a case unlike any similar case the Read More …
Supremacy of the constitution.
Supremacy of the constitution Supremacy of the Constitution is a constitutional concept which confirms that the constitution is the most authoritative legal instrument in the land. The Constitution is the supreme source of law of the land. All other sources Read More …
The inadequacies of common law that resulted in the development of the principles and doctrines of equity as a complimentary source of law.
Equity was developed as a result of the defects of the common law. It attempts to reduce the harshness/inadequacies of common law. The following are some of those defects: The Writ System A person intending to commence an action Read More …
Argue the case for delegated legislation.
Solution Case for delegated legislation Compensation of lost parliamentary time: Since members of parliament are generally busy, law making time not made use of by parliament is made use of by the delegates when they make law. Read More …
One of the most significant shortcomings of the common law that led to the development of equity was inadequate remedies. As a result, many would be plaintiffs were left out; however, equity increased the remedies. With reference to the above statement discuss five equitable remedies.
The following are equitable remedies: Specific performance A party who has acted in breach of a contract may be ordered by the court to specifically perform that which he contracted to do. Rescission This is an equitable remedy available to Read More …
Ways in which constitutions might be classified.
Constitutions might be classified as: Written and unwritten. Monarchical and Republican Presidential and Parliamentary Rigid and Flexible.
Matters in which African Customary Law can be applied.
Matters in which African Customary Law can be applied Land held under customary law. Marriage, divorce, maintenance or dowry. Seduction or pregnancy of an unmarried woman or girl. Enticement f or adultery with a married woman. Matters affecting status of Read More …
Sources of constitutional law.
Sources of constitutional law. Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary Customs Legislation International law Case law
Advantages and Disadvantages of case laws.
Advantages of case law: Certainty – The maxim of stare decisis has contributed certainty and consistency in the development of the rules of law. Possibility of growth – Case law grows out of practical problems and thus keeps pace with Read More …