Legal Notes are summaries of important legal concepts, principles, and rules. They provide a quick reference guide for lawyers, law students, and legal professionals to understand complex legal issues. Here are some Legal Notes on various topics:
– Contract Law: A contract is a legally binding agreement between two or more parties. Essential elements include offer, acceptance, consideration, intention to create legal relations, and capacity to contract.
– Tort Law: Tort is a civil wrong that causes harm or injury to another person. Key concepts include negligence, duty of care, breach, causation, and damages.
– Criminal Law: Criminal law deals with offenses against the state or society. Important concepts include mens rea (guilty mind), actus reus (guilty act), and strict liability.
– Family Law: Family law governs relationships between family members. Key concepts include marriage, divorce, child custody, child support, and spousal maintenance.
– Property Law: Property law deals with ownership and possession of property. Important concepts include real property, personal property, freehold, leasehold, and easements.
– Evidence Law: Evidence law governs the admissibility of evidence in court. Key concepts include relevance, reliability, hearsay, and privilege.
– Company Law: Company law regulates the incorporation, management, and winding up of companies. Important concepts include incorporation, shares, directors, and shareholders.
– Tax Law: Tax law governs the imposition and collection of taxes. Key concepts include income tax, capital gains tax, value-added tax, and tax deductions.
WHAT IS CONSIDERATION? In contract law , a promise is said to be part of a bargain if it is given “for consideration”. A promise is given for consideration when the promisor asks for something in return for his promise and gets what he asks for. Thus a promise is generally not binding unless something […]
WHAT IS AN OFFER? In NTHC v Antwi, Date-Bah JSC defined an offer as ‘an indication in words or by conduct by an offeror that he or she is prepared to be bound by a contract in the terms expressed in the offer, if the offeree communicates to the offeror his or her acceptance of
The common law, recognizes that an intention to create legal relations is an independent element, which must be proved in addition to offer, acceptance and consideration, to ensure the enforceability of a contract. How Do You Establish an Intention to create legal relations? First, where the parties have expressly declared or clearly indicated in their
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WHAT IS A CONTRACT? A promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty. WHAT ARE THE ELEMENTS OF A VALID CONTRACT? • Offer and Acceptance • Intention to Create Legal Relations • Capacity to
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Two principal concerns 1. Constitutional Interpretation 2. Statutory Interpretation STATUTORY INTERPRETATION While Parliament may make laws, judges interpret them. The operation of the court process may therefore be of great significance in the manner in which an Act operates. In fulfilling their task of applying the law to the facts before them, the courts frequently
Declaration and injunctions though private law remedies have become increasingly important in public law due to human rights and administrative law issues. DECLARATION: This is a common law remedy developed by the common law courts. The declaration is the authoritative statement by a court of law as to the state of the law in relation
Before you proceed to court, you need to do the following: 1. Listen to the case of your client 2. Determine whether your client has a course of action.: After listening to your client’s story , you have to determine whether the acts are justifiable. See Letang v Cooper 3. If so , whom is
Section 135 of the ALTERNATIVE DISPUTE RESOLUTION ACT (Act 798) defines the concept Alternative Dispute Resolution (ADR) as the collective description of methods of resolving disputes otherwise than through the normal trial process. This system of adjudication has been part of the traditional dispute resolution process well before the advent of colonialism. Sections 72 and
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WHAT IS NATURAL JUSTICE? The Expression ‘Natural Justice’ can be used in two senses: Broader and narrower sense. In the wider or less technical sense, it means what is fair or what is reasonable or what is inherently equitable in a sense that everybody can relate to. The second is used to mean certain procedure,
WHAT ARE HUMAN RIGHTS? According to Lauterpacht, “Human rights are universal rights or enabling qualities attaching to the human being. These qualities follow from the realization that as a matter of scientific fact, man is distinguishable from other living beings because he is a rational and moral person who must shape his life in accordance
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