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Faculty
Of Law,
Obafemi
Awolowo University, Ile-Ife, Nigeria.
COURSE
OUTLINES (phase 1) culled from FACULTY
HANDBOOK.
Part Two:
PUL207: Criminology I (Law Elective)
The meaning, nature and
scope of criminology, the evolution of criminological thought, phenomenology,
actiology of crime and victimology. Legal principles relating to insanity, mental
deficiency and other forms of mental incapacity. Criminological aspects of
victimless crimes. The Criminology of enforcement. Criminology forecasting and
planning.
PUL208: Criminology II (Law Elective)
Drug addiction,
alcoholism, juvenile delinquency, theories of punishment, the law governing
sentencing and court orders made in respect of criminal cases, sentencing
practice, treatment techniques and strategies and criminology research methods.
Philosophies of punishment, correction and treatment; analysis of different forms
of punishment or treatment, execution; the correction of the convicted.
BUL301: Commercial law I agency (Core Course)
Definitions and
formalities and capacity; authority of the agent; ratification; types of agent,
rights and duties of principal and agent, termination of agent; relationship of
principal and agent to third parties.
BUL302: Commercial law II (sale of goods) (Core Course)
Nature and formation of contract; conditions
warranties and representation, ownership and passing of property; duties of
sellers; duties of buyers, effect of contract; remedies; special commercial
contract outline, the use of various payment devices e.g cheques, credit cards,
luncheon and fuel vouchers.
Hire Purchase
Nature and creation of
hire-purchase contracts: obligations of
parties at common law duties of owner and hirer; remedies available to parties
at common law-remedies of owner and hirer; termination of hire-purchase
contract; liability of the dealer; the Hire Purchase Act 1965.
PART
THREE
JPL301: Law of Tort I (Core Course)
Historical background and general principles of
tortuous liability (defences will be considered in relation to each tort);
scope and social function of tort; trespass to person, assault, battery , false
imprisonment and intentional harm to the person; trespass to land; trespass to
chattel, conversion and detinue; vicarious
liability; Negligence- duty of care. Standard of care, proof of
negligence, nervous shock , contributory negligence and damages, including
remoteness of damage.
JPL302: Law of Tort II (Core Course)
Nuisance, Rylands V. Fletcher; liability for
animals; occupiers’ liability. Malicious prosecution; Defamation; Death as a
course of action; (fatal accidents); deceit; economic torts-passing off, civil
conspiracy, intimidation, interference with contract; parties; joint torts;
remedies.
PUL301: Criminal Law II (Core Course)
(a) General
Introduction and Purpose of Criminal Law
(b) History
and source of Nigeria criminal law
(c) Classifications
of offences
(d) The
content of criminal-Law and Morality
(e) Corporate
criminal liability
(f) Principle
of legality
(g) Element
of an offence - actus reus, mens rea, voluntariness of conduct, omissions
as actus reus, causation, no
liability without fault, concurrence of actus reus and mens reas,- strict liability.
(h) General
Defences- Insanity, intoxication, automatism, immaturity, bona fide claims of
right, mistake of fact and law, accident.
(i) Punishment
and its alternatives
PUL302: Criminal law II (Core Course)
(a) Parties
to an offence
(b) Common
purpose doctrine
(c) Inchoate/preliminary
offences-attempt, conspiracy, incitement, solicitation.
(d) Offences
against the person - unlawful homicide –murder, manslaughter, assault, rape
(e) Offences
against property- stealing, burglary, armed robbery, false pretences.
(f) Offences
against the State and Public order.
(g) Offences
of corruption.
(h) Specific
defences – Self-defence, Defence of Property, Provocation.
(i) The
Police and administration of criminal justice.
BUL303: Law of Banking and Negotiable Instrument I (Law Elective)
Nature , history and evolution of banking in
Nigeria. Law regulating the establishment and operation of banking in Nigeria. Types of banks. Nature and
legal effect of negotiable instruments including cheques, promissory notes,
bills of exchange etc. Relation of bankers and customer, types of account,
overdraft and appropriation of payment and garnishee order, bank notes, cheques
and their crossings.
BUL304: Law of Banking and Negotiable Instrument II (Law Elective)
The paying banker and the collecting banker. Conversion
and forgeries, security for advances. Banker’s commercial credits,
negotiability and assignability – negotiation – endorsement and delivery,
holder in due course, presentment , and acceptance parties liable, notice of dishonor
protest- discharge of a bill.
JPL303: Islamic law I (Law Elective)
Introduction and the historical background. The
nature and sources of Islamic law. The historical background; (a) the rise of
islam-sharia. The development of judicial system, Muadh Jabel’s appointment. Prophets direction: Umar’s
direction to the judges, the Development of Judicial Institution: Qadi Muhtasib, Wazir Mazalim. The emergence of
schools of La Maliki, Hanafi, Shafii, Hanbali, J’fari and Zshiri. The
development of the Islamic Legal Literature: Types (e.g compendia, abridgments,
gersses, responsa, etc); the frequently consulted authoritative texts of the
various schools of law. Modern developments: Impact of western Legal system.
Islamisation of laws in recent years.
JPL304: Islamic law II (Law Elective)
The Islamic law in Nigeria. The historical
background, introduction of Islam in West Africa. The Maliki school of law:
Maliki school B; Anas, Maliki School. The spread of Maliki School in Nigeria.
Authoritative books, Court system. The application of Islamic law during the British period. The extent
and application of Islamic Law at present.
JPL305: Family Law I (Law Elective)
Nature of family including the extended family
system, the nature and sources of Nigerian family law. Nature, form and
incidence of marriage under statutory, customary/Islamic law, Contract and
celebration of marriage. Formal and essential validity of statutory and
customary marriage, void and voidable marriages, dissolution of marriage.
JPL306: Family Law II (Law Elective)
Rectification of marriage, judicial separation;
maintenance and financial relief, legitimacy, custody; guardianship and
adoption; succession, testate and intestate in customary, Islamic and statutory
laws; foreign marriages.
PART FOUR
JPL401: Land Law I (Core Course)
Introduction
(a) Historical
evolution of land law
(b) Sources
of Nigeria Land law
(c) Terminology
- ownership, possession, title rights, liability, land ,etc
(d) Estates
(e) Co-ownership
Customary Land Law
(a) Modes
of acquiring title to land, settlement , expansion, loan or borrowing;
(b) Pledge
or pawn; gift; conquest, allotment, kola tenancy.
(c) Concept
and ownership of land
I.
Nature of land today.
II.
Control and management of community land
- individual rights and extent of community land today.
III.
Creation of family land – nature and
extent of member’s right in family land, control of family lands, alienation of
family land, recovery of family land, improvement by a member of a family land,
termination of family land.
IV.
An outline of succession to right in land
V.
Prescription, latches and acquiescence.
JPL402: Land Law II - Non-customary Land Law
(a) The
Land Use Act- State control of land, grant of right of occupancy; what
certificate of occupancy connotes; alienation of certificate of occupancy;
revocation of certificate of occupancy; compensation for revocation.
(b) Relationship
between Land Use Act and other State Land Law
(c) An
outline of control of natural resources; mineral, water and forest; agrarian
reforms.
(d) Leasehold,
easements, profit a predre, covenants mortgages.
(e) Registration-
registration of instruments, registration of title.
JPL403: Equity and Trusts I (Core Course)
A. General
principles of Equity:
Nature , doctrine and
history of equity, its development in England and its introduction to Nigeria,
the relationship between Equity and common law; conflict between equity and
customary law; maxims of equity; nature of equitable right and interests;
priorities; assignment of choses in action; conversion; election; satisfaction.
B. (a) Equitable remedies – injunction; specific
performances; rescission; rectification; delivery up and cancellation of
documents; account receivership; restitution.
(b) Equitable defences - Estoppel ,
latches and acquiescence.
JPL404: Equity and Trusts II
(Core Course)
The Law of Trusts:
(a) Nature
and classification of trusts; the requirement of trust; express privy trusts;
charitable trusts, constructive trusts, protective and discretionary trusts (an
outline only) trust in favour of creditors.
(b) Appointment
of trustees- duties and discretion of trusts, power of trustees; breach of
trust; retirement and removal of trustees.
(c) An
outline of administration of estate.
PUL 401: Law of Evidence I (Core Course)
a. General
introduction
b. Source
of Nigerian law of evidence
c. Direct
and circumstantial evidence
d. Facts
in issues and relevant facts
e. Complaints
f. Similar
fact evidence, res gestae
PUL402: Law of Evidence II (Core Course)
a. Character
evidence
b. Opinion
evidence
c. Hearsay
evidence
d. Estoppel;
Competence and Compellability of witness
e. Privilege
generally
f. Corroboration
g. Burden
of proof
h. Documentary
evidence
BUL 401: Law of Insurance I (law elective)
Definition of insurance – Parties to the contract –
Essentials of contract of insurance, Classification of contracts of insurance –
Offer – Cover note – The ship – Acceptance – Principle of good faith – Non disclosure
and misrepresentation – The policy – Commencement and duration – Premium – Insurable
interest – Conditions and WSarranties – assignments – notification –
cancellation.
BUL 402: Law of Insurance II (law elective)
Rules of construction – Time of loss – Proximate cause
– Making of claim – Burden of proof - settlement of claim – payment of loss – Application
of proceeds of policy – Rein Statement – Indemnity – subrogation – Contribution
– Reinsurance – Agency in insurance transactions –Particular types of insurance
– Motor life – Burglary – Personal accident – Guarantee – Governmental participation
in insurance – NICON – African Reinsurance Corporation – Governmental control
of insurance business.
BUL403: Law of Intellectual and Industrial Property I (law elective)
General nature of copyright; need for protection;
forms of protection. Universal copyright
conventions; International copyright; Fair use in the law of copyright;
copyright; copyrighting literary, scientific and technical works;
advertisement; music; television broadcasting, computer programmes etc;
ownership of copyright; authorship joint authorship, commissioned works,
employees work; Application for copyright – opposition to the grant; Revocation
by the Registrar; Grounds for revocation; assignment, licenses; infringement of
copyright – Remedies for infringement – copyright and the press.
BUL404: Law of Intellectual and Industrial Property II (law elective)
a) Trade
Marks:
Definition
and nature of a Trade mark, need for protection – Right to apply and the
application system – Registrable Marks – Restrictions on registration – Effect of
registration – Infringement of trade mark – remedies for infringements.
b) Patents:
The nature of patentable inventions – international
patent system – Right to apply and the system of application – opposition and Grounds of Revocation – Owenership of Patents –
assignments and licenses – infringement and remedies.
c) Trade
secrets, trade names, unfair competition and restraint of trade.
Watch-Out for Phase 2.
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© Project i-LawRD 2013.
