By Amaka Ezeno, MCLArb, Assignment is the transfer of one’s rights and obligations under a contract to a third party who is not a party to the contract. An Insurance Policy is a chose in action and freely assignable. Choses in action refer to intangible objects that cannot be possessed but serve as a right or access to things of ...
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IMPLIED TERMS IN A HIRE-PURCHASE CONTRACT
By Amaka Ezeno, MCLArb, A hire purchase agreement has been described as a bailment of goods with an option to buy. It is a form of transaction where the hirer is allowed possession of goods while he pays for it in instalments. The property does not pass to the hirer until he exercises his option to buy by paying the ...
Read More »THE LEGAL EFFECT OF FAILURE TO DISCLOSE A MATERIAL FACT IN INSURANCE CONTRACT
By Amaka Ezeno, MCLArb An insurance contract is a contract where one party called the insured or assured, pays a specified amount of money called a premium to another party, the insurer, who in turn agrees to compensate the insured for specific future losses. The essential elements of insurance transactions are risk coverage and indemnity. You can insure your property ...
Read More »THE PRESIDENTIAL ELECTION:VOTING AND COLLATION PROCEDURE UNDER THE LAW
By Amaka Ezeno, MCLArb The presidential election is ongoing, and a lot of irregularities are being alleged. We have witnessed people threatening eligible voters who are not supporting their candidates; ballot boxes being thrown about; videos of men and women who have or attempted to manipulate results, and very little children queueing to vote. The law has not left any ...
Read More »ADMINISTRATION OF INDUSTRIAL DESIGNS
By Amaka Ezeno, MCLArb In any civil setting, there is a need for effective administration structure for purpose of achieving its objectives. Thus, the domain of industrial design is also administered by the appropriate authorities for effective running of the sector. Industrial designs are “any combination of lines and/or colours and three-dimensional form whether or not associated with colours, if ...
Read More »INFRINGEMENT OF PATENT
By Amaka Ezeno, MCLArb The Patents and Designs Act, Cap P 2, Laws of the Federation 2004 grants protection to inventions that are new or essentially better than what was made before it, or for a better way of making it. This protection is particularly necessary to creators such as technologists, technicians, pharmacists, engineers, etc. It ensures that they reap ...
Read More »PRINCIPAL AND AGENT RELATIONSHIP
By Amaka Ezeno, MCLArb, The nature of the world of work and business is such that there would be little or no progress if businessmen and women, workers and professionals had to do everything by themselves, without the aid of a representative- someone acting for and on their behalf. Thus, the law of agency ensures business efficacy by allowing for ...
Read More »THE OFFENCE OF STEALING
By Amaka Ezeno, MCLArb Stealing is a wrongful taking or converting of property belonging to another. According to the Criminal Code, when a person fraudulently takes anything capable of being stolen, or fraudulently converts to his own use or to the use of any other person anything capable of being stolen, is said to steal that thing. ELEMENTS OF STEALING ...
Read More »OBLIGATIONS OF PARTIES IN A HIRE-PURCHASE AGREEMENT
By Amaka Ezeno, MCLArb In every contract of hire-purchase, the law is that the owner of the goods under consideration must state in writing, the cash price of such goods to the prospective hirer. This obligation is set aside where the hirer has inspected the goods and at the time of the said inspection, tickets or labels showing the cash ...
Read More »WHAT YOU SHOULD KNOW ABOUT USING YOUR PROPERTY AS SECURITY FOR LOAN
By Amaka Ezeno, MCLArb, In the course of business, banks lend money to its customers, and they expect to be repaid as and when due. However, it is not possible for them to know which would turn out bad. Thus, security is usually required for lending. It is an assurance for repayment of debt. Mortgage is one of the ways ...
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