Where a trust has scaled through the three certainties and can be validly determined under any of the classes of a trust, it is not fully operative yet. In order for the trust to become fully operative and capable of being enforced, it must be properly/completely constituted first. Read More…
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Requirements for the creation of a valid trust
There are rules that govern the creation of a valid trust, essentials that it must contain in order to be valid and enforceable. These requirements were outlined in the case of KNIGHT v KNIGHT by Lord Lonsdale. They are also referred to as the three certainties. They are: Read More…
Classification of trust
There are several types of trusts. Trying to attempt a watertight classification may be impossible as this area of law did not develop in any organized fashion. As such, trying to impose the imperious order of a watertight classification may be a foolhardy task. Read More…
Definition and Historical Development of Trusts
The oft quoted and predominantly accepted definition of a trust is that provided by Keeton. According to him: Read More…
Equitable Remedies
The whole of the development of equitable jurisdiction has hinged on the production of remedies. These remedies, which were unavailable or inadequate at Common law were the hallmarks of the jurisdiction of Courts of Chancery and are what gave them an ascendancy over the Common law courts. Read More…
Assignment of Choses in Action
Property generally may be realty (real) or personalty (personal). Realty are characterized by geographical fixity(land) while personalty are generally mobile. Read More…
Determining Legal Liability for Autonomous Vehicles
ABSTRACT
Major technological advances have occurred over the past decade concerning autonomous vehicles, but there is widespread concern that the rate of development is hampered by uncertainty about the liability of manufacturers for a crash. Read More…
Priority of Interests
The question of priority of interest comes up when there are two or more competing interests over property and especially when these interests cannot be satisfied out of the total value of the property that is subject of the interests.
Nature of Equitable Rights/Interests
Equitable rights are in two categories. They include those rights created by Equity and those recognized under Equity which were hitherto unrecognized under Common law. Read More…
THE POSITION OF THE LAW VIS-À-VIS VICTIMS OF GUNSHOTS IN NIGERIA
The illegal influx of guns in Nigeria is quite alarming and needs urgent regulation. Statistically, at the National Consultation on Physical Security and Stockpile Management (PSSM) in Abuja, organized by the United Nations Regional Centre for Peace and Disarmament in Africa (UNREC) and the Presidential Committee on Small Arms and Light Weapons (PRESCOM), it was revealed that Nigeria hosts 350 million or 70 per cent of the 500 million illegal arms in West Africa.