Legal interest: this is a right over the land of another. E.g. easement, legal mortgage. It is an interest which is capable of subsisting or being conveyed or created at law. It is enforceable against every one. Equitable interest: this Read More …
Day: October 12, 2020
Various ways in which a lease agreement may be determined in relation to the law of property
Notice – applies to leases for undefined duration. Effluxion of time or expiration of time. Forfeiture –under the forfeiture clause or breach. Surrender –to the immediate landlord. Merger –tenant acquires the reversion, the lease and reversion must be vested in Read More …
Characteristics of a joint tenancy in relation to the law of property
Joint tenancy is a situation in which property is owned by two or more persons. The property enjoys all the properties of a single proprietor. It is characterized by the “four unities” i.e. Unity of title Unity of possession Unity Read More …
Egg shell skull principle
This is a rule applicable in the recovery of damages by the plaintiff. It is to the effect that the defendant must take the victim as he finds him. Simply put, the defendant cannot allege that the victim would have Read More …
Reasonable foreseeability rule
The principle of reasonable forseability is applied in determining whether the defendant is liable for the loss or damage arising. It is the likelihood of the loss or damage being caused by the negligent act or omission of the defendant. Read More …
Meaning of principle of “Res Ipsa Loquitur” (The thing speaks for itself)
The plea of res ipsa loquitur: literally means it speaks for itself. This is a rule of evidence applicable in cases of negligence where want of care is presumed. It may be relied upon by the plaintiff where the occurrence Read More …
Order of priority in which a deceased’s property is distributed where he dies intestate leaving no spouse or children
Father, if dead, Mother, if dead, Brothers and sisters and children of deceased brothers and sisters in equal shares, if dead, Half-brothers and half-sisters and children of deceased half-brothers and half-sisters in equal shares, if dead, The closest relative up Read More …
Formalities of a valid written will
Writing: there must be some writing the law does not insist on any special form or wording. Signature or mark: the will must contain the signature or mark of the testator or that other person who signs in the presence Read More …
Rights and duties of the owner of goods in a hire-purchase agreement
Rights Recovery of installments in arrears Sue in damages for breach Retention of the sum paid To be notified of any change in location of goods Repossess the goods should circumstances justify. Duties Deliver the goods to the hirer. Confer Read More …
Conditions implied in a contract of sale of goods
Right to sell: the seller has the right to sell the goods when property is to pass. Correspond to description: In a sale by description, it is implied that the goods shall correspond with the description. Fitness for purpose: Where Read More …