Literal rule: This is the plain meaning rule. It is to the effect that if the wording of the act is clear and exact, it should be accorded the literal natural or dictionary meaning sentences should be given their ordinary Read More …
Day: October 11, 2020
Orders or writs which the High Court may issue when exercising its supervisory jurisdiction
Declaration: This is a high court order which authoritatively articulates the legal position of the matter before the court for example and a declaration of a persons individual rights. The order is incapable of being executed. Prohibition: This is an Read More …
Distinction between a consolidating statute and a codifying statute.
A Consolidating Statute: is one which brings together into a single Act of Parliament the contents of a number of Acts in a particular subject for example the Companies Act, Cap 486. It does not usually change the law. A Read More …
Limitations of common law which led to the development of the doctrines of equity
The writ system Delay Procedural technicalities Inadequate remedies Absence of appellate function Non-recognition of trust Encouraged bribery Inadequate protection of borrowers
Categories of civil law
Law of Contract: This is a branch of commercial law which deals with the rules governing contracts generally e.g. types of contracts, elements of a contract, terms vitiating factors, illegality, discharge remedies et.c. Law of property: This branch of law Read More …
Circumstances under which an agent may be held personally liable for contracts made on behalf of his principal
If the agent has expressly or implied consented to personal liability. If the principal does not exist or has no capacity to contract (Kelner V. Baxter). If the agent had represented or held himself out as the principal. If the Read More …
