26 October

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Privity of Contract: Understanding the Doctrine and Its Exceptions in Nigerian Law

in 200 Level, Class Notes, Law of Contract, Legal News

The doctrine of privity of contract stands as one of the fundamental principles governing contractual relationships in common law jurisdictions, including Nigeria. This doctrine establishes a clear boundary: only parties to a contract can enforce rights or be bound by obligations arising from that contract. For second-year law students, understanding this principle—and more importantly, its exceptions—is essential to grasping the practical realities of modern contract law. Consider a common scenario: A father enters into a contract with a builder to construct a house for his daughter as a wedding gift. The builder fails to complete the work. Can the daughter sue...

26 October

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Formation of Contract: The Essential Elements of Contractual Validity

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Law of Contract

The formation of a valid contract is a foundational concept in contract law that determines when parties become legally bound to their agreements. While the nature of contract provides the theoretical framework, the rules governing contract formation address the practical question: at what precise moment does a legally enforceable agreement come into existence? Understanding contract formation is crucial for law students and practitioners alike, as it determines the point at which parties acquire rights and assume obligations. A misstep in any element of formation can render an otherwise valuable agreement unenforceable, potentially causing significant commercial disruption and financial loss. This guide examines...

26 October

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Nature of Contract: Understanding the Foundation of Contractual Obligations

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Law of Contract

Contract law forms the backbone of commercial relationships and everyday transactions in modern society. From buying groceries at the market to executing complex business agreements, contractual principles govern our daily interactions. For law students in Nigeria and beyond, understanding the nature of contract is essential to grasping how legal obligations are created, enforced, and remedied when breached. This comprehensive guide explores the fundamental nature of contract law, examining its sources, the concept of bargain that underpins contractual relationships, and the various classifications that help us understand different types of contractual arrangements. What is a Contract? A contract may be defined as an agreement...

17 October

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Legal Writing and Approach in Essay Writing: A Guide for Law Students

Posted by Kolawole Adebowale

in 100 Level, Class Notes, Legal Method

Writing lies at the heart of legal practice. Whether drafting a legal opinion, preparing a brief, or developing an academic essay, the ability to express legal thoughts clearly and persuasively is fundamental to success in the legal profession. As noted by Lord Megarry, writing is "fundamental to the exposition of law."¹ For law students, mastering legal writing begins with understanding the principles of essay writing. The legal essay serves as a training ground for developing the analytical, organizational, and expressive skills that will later be applied in professional practice. This post explores the techniques of legal writing as they relate to...

17 October

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Legal Research and the Use of Source Materials: Essential Skills for Law Students

Posted by Kolawole Adebowale

in 100 Level, Class Notes, Legal Method

Legal research stands as the foundation of effective legal practice. When lawyers face a legal problem, they must systematically investigate both facts and law to determine the rights, duties, and liabilities of the parties involved. This process of seeking recorded information to arrive at authoritative legal conclusions is essential for every legal practitioner.[^1] As King George II reportedly observed, "Lawyers do not know much more law than other people, but they know better where to find it." This insight captures a fundamental truth: success in legal practice depends not just on memorized knowledge, but on knowing how to efficiently locate and...

17 October

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Sources of Law in Nigeria: A Comprehensive Guide for Law Students

Posted by Kolawole Adebowale

in 100 Level, Class Notes, Legal Method

Understanding the sources of Nigerian law is fundamental to legal education and practice. As a law student or legal practitioner, knowing where to find applicable law is as important as understanding its content. This blog post explores the wellsprings from which Nigerian legal principles, rules, and doctrines flow. Introduction to Legal Sources Every legal system draws its authority from certain recognized sources. These sources not only validate legal rules but also provide the framework for their interpretation and application. As explained in our overview of the Nigerian legal system, law serves multiple functions in society, including the maintenance of order and the...

17 October

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Legal Reasoning in Legislation: Understanding How Laws Are Created and Interpreted

Posted by Kolawole Adebowale

in 100 Level, Class Notes, Legal Method

Legislation represents one of the most important sources of law in the modern state. Unlike judge-made law (case law), which evolves gradually through court decisions, legislation emerges from a deliberate process of law-making by designated bodies. Understanding the dynamics of legislative reasoning—how laws are created, structured, and interpreted—is crucial for any law student or legal practitioner. This post examines the rationale behind new legislation, the techniques of legislative drafting, the challenges of statutory language, and how courts approach the interpretation of legislative texts. While these concepts might initially seem abstract, they form the foundation of how laws function in society. Reasons for...

17 October

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Legal Reasoning in Judicial Process

Posted by Kolawole Adebowale

in 100 Level, Class Notes, Legal Method

Judicial decision-making is one of the most consequential exercises of legal reasoning. The way judges analyze facts, interpret law, and arrive at conclusions affects not only the parties before them but also shapes the development of the law itself. Let's explore how legal reasoning functions in the judicial process. Introduction Legal reasoning in judicial process refers to the careful thinking employed by judicial officers when resolving legal issues presented by parties in court. As ministers in the temple of justice, both lawyers and judges must tailor their legal reasoning toward ensuring justice for all parties. The judiciary—the branch of government invested with judicial...

17 October

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Legal Reasoning and Approach to Problems

Posted by Kolawole Adebowale

in 100 Level, Class Notes, Legal Method, Nigerian Legal System

Law students often notice that lawyers think differently—they analyze issues with precision, identify key facts, and formulate arguments in distinctive ways. This approach, known as "legal reasoning," is a fundamental skill for legal professionals. Let's explore how lawyers reason and approach legal problems. Introduction to Legal Reasoning Legal reasoning, in its simplest form, is systematic, logical, coordinated, and persuasive thinking about law-related issues. It involves analyzing facts, identifying applicable legal principles, and drawing conclusions about rights, duties, and liabilities. Why is legal reasoning distinctive? The discipline of law is peculiar and multi-perspective in nature. Lawyers are often perceived as inquisitive, argumentative, and using...

17 October

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Methods of Social Control through Law

Posted by Kolawole Adebowale

in 100 Level, Class Notes, Legal Method

Law represents one of society's most formalized systems for maintaining order and regulating human behavior. While not the only mechanism societies use to ensure conformity, law stands distinct in its systematic application of state-sanctioned authority. Understanding how law functions as an instrument of social control is fundamental to appreciating its role in modern society. What is Social Control? The concept of "social control" originated in sociology but has been embraced by legal theorists in their examination of law's function. Social control refers to the various mechanisms through which a society exercises authority over its members and enforces conformity to its norms.¹ Edward A....

Author: Kolawole Adebowale