DEPARTMENT OF PRIVATE AND PROPERTY LAW

This course seeks to examine in detail the nature, functions and dynamics of civil remedies in an integrated contest. It is expected that this novel approach will increase the awareness in the profession, heighten students understanding and grasp of remedies and so throw up advanced issue in doctrine and practice. A critical appraisal of the efficacy of existing remedies will be encouraged.

This course will subject the institution of property to rigorous legal analysis while stressing the relationship between the legal aspect of property and property of social and economic phenomena. Topics to be treated include traditional property concepts in United States, erosion of the trusteeship idea, the decline of fiduciary standards on the reaction of the post - colonial governments to the erosion of the trusteeship idea.

(i) Introduction - restitution and quasi- contract; the legacy of history; the "implied contract theory" the principle of Unjust Enrichment; personal and proprietary claims; the classification of proprietary claims, (ii) Proprietary claims: trace at common law and in equity, (iii) The right to restitution:- Mistake; money paid under mistake of fact; money under mistake of law , restitution for services rendered under a mistake; restitution for chattels (excluding money transferred under a mistake restitution for land transferred under mistake ; rescission; rectification; reopening accounts. (a) Recovery of benefits conferred under duress; categories of duress; economic j duress; duress and submission to honest claims; effect of recovery of an alternative remedy; failure to tender amends. Recovery of benefits conferred under undue influence; limits to the relief. Relief from unconscionable bargains in equity; in admiralty and by status statute The right to contribution and recoupment!. Where there is liability in sodium and where of there is no such liability; compulsory discharge of another liability. Restitution at common law - agency of necessitous intervention by a stranger. Maritime salvage (iv) Ineffective transactions: contracts void for wants of authority; contracts void for mistake or uncertainty- (for ambiguity in or incompleteness of contractual terms; non- correspondence between offer and acceptance; failure of condition precedent or some essential terms of where there has been a successful plea of non estfactum); contracts affected by statutes of frauds, illiterate ordinances; void bill of sale; illegal contracts; contracts affected by incapacity discharge by frustration, or breach, anticipated contracts which do not materialize. (v) Restitution of benefits conferred under trusts which do not exhaust the trust or which fail. (vi) Attorment in respect of money or chattels. (vii) Subrogation; categories of subrogation, general principles. (viii) Claims under a will or intestacy or under an inter vivo trust

• Sources of Wills Law • The scope of Wills Law-Choice of Law • The Nature of Will • Testamentary Contracts and Promises • Joint and Mutual Wills • Making of Wills o Privileged Wills o Mental Elements and Capacity • Revocation, Alternations, Repudiation and Revival.

The general principles and nature of civil litigation. Psychology of litigation. Comparison of the organization, jurisdiction procedure and functions of the various courts and the structure of the legal profession.

The main focus in this course is on delictual contractual and restitutionary obligations at common law. Also to be examined are the institutions such as the trust and property which results in obligations. (i) Introduction to sources of Law of Obligations. Early Common Law of Obligations and Roman Law of Obligations. Theories of Obligations and Formalism, (ii) (ii) Promissory Obligation the nature of contractual obligation, nature of promises and their effect of law. (iii) Delictual Obligation; nature of tort liability of fault based liability, non fault based lialbility and strict liability; vicarious liability. (iv) Restitutionary obligation, unjust enrichment and basis of obligation.

This course seeks to examine in detail the nature, fountains and dynamics of civil remedies in an integrated context. It is expected that this novel approach will increase the awareness in the profession, heighten students' understanding issues in doctrine practice. A critical appraisal of the efficacy of existing remedies will be encouraged.

The involvement of the state in land ownership; land uses - the land use act 1978 incidence of ownership; eminent domain; boundary disputes - state and ethnic factors.

(i) Construction of Will General considerations Fundamental Principle Meaning of words and phrases Subsidiary General principles of construction Use of Extrinsic Evidence Gift to persons and property (ii) Testamentary Freedom (iii) Intestacy (iv) Probate (a) Grant of Representation (b) Appointment of Executors and administrators (c) Non-contentious business (d) Renovation of grants (v) The Position of Personal Representatives (a) The nature of the office (b) Realizing assets (c) Personal representatives without a grant (d) Discharge of Debts and Liabilities (e) Executor de son tort (f) The liability of personal representatives (g) Taxation during the administration period (h) The position of beneficiaries and distribution among beneficiaries.

(i) Public law and statute law as sources of civil obligation. (ii) Extinction and modification of obligation cessation, contributory negligence, discharge, etc. Transfer and enforcement of obligations.

This is required of all candidates for the degree of Master of Laws in the Department. The Thesis may be written in one field of Law or where the need arises, the essay may straddle several fields of law or a field of law and an area in the Social Sciences or Humanities.