esm 303 elements of land law 1 prerequisite
TRANSCRIPT
1
ESM 303– ELEMENTS OF LAND LAW 1
COURSE PARTICULARS
Course Code: ESM 303
Course Title: ELEMENTS OF LAND LAW 1
No. of Units: 2
Course Duration: Two hours of theory.
Status: Compulsory
Course Email Address: [email protected]
Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101
Prerequisite: NIL
COURSE INSTRUCTORS
Barr. P. O. Fasunhan
Legal Unit
Federal University of Technology, Akure, Nigeria.
Phone: +234803472276 Email:[email protected]
COURSE DESCRIPTION
The course covers the following topics:
The principles of English Land and Law
Historical outline of the development of freehold and leasehold estates and interests
Legal and Equitable Estates and interest in land
Pledges and Pawns
Mortgages and their nature.
COURSE OBJECTIVES
The objectives of the course are:
To make students know that the basic rule of English Land Law that Land is owned by
the crown
That the crown made grants of land to his followers and to those who submitted to his
control
That grants of land were made in return for services to be rendered by the tenant
That Estates are classified according to the duration of a tenant’s rights to the land.
COURSE LEARNING OUTCOMES / COMPETENCIES
Upon the completion of this course, the student will be able to:
(i) Distinguish between Freehold and Leasehold land
(ii) Know the meaning of Estate in fee simple absolute in possession.
Leases and incidence of leases vis-à-vis conditions attached to leases
o Define and distinguish between Easement and Profit Aprendre
2
o Licence, and Licensee
o Mortage, Mortgagor, Mortgagee, Mortgaged property
o Incidence of pledges and the rights attached to it vis-à-vis limitations
GRADING SYSTEM FOR THE COURSE
This course will be graded as follows:
This course will be graded as follows:
Class Attendance 10%
Assignments 15%
Test(s) 15%
Final Examination 60%
TOTAL 100%
GENERAL INSTRUCTIONS
Attendance: It is expected that every student will be in class for lectures and also participate in
all tutorials. Attendance records will be kept and used to determine each person’s qualification
to sit for the final examination. In case of illness or other unavoidable cause of absence, the
student must communicate as soon as possible with the course lecturer, indicating the reason for
the absence.
Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test
and examination are prohibited. You are not allowed to make copies of another person’s work
and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported
to the University Management for appropriate sanctions in accordance with the guidelines for
handling students’ misconduct as spelt out in the Students’ Handbook.
Assignments and Group Work: Students are expected to submit assignments as scheduled. Late
submission of assignment(s) is not allowed except under extenuating circumstances, for which a
student has notified the instructor in advance.
Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.
Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)
during lectures. Food and drinks are not permitted in the lecture room.
READING LIST
1. Law Made Simple (1982), Low Priced Edition by Colin F Padfield
2. Fundamentals of Nigerian Real Property Law (2006) by Olugbemi Fatula
COURSE OUTLINE
WEEKS TOPICS REMARKS
1 Introduction to General Principles of English
Land Law ownership and Property Rights and
Limitations
2 Freehold and Leasehold Land
Types of tenure and implications that flow from
3
it
Unfree tenure
3 & 4 Meaning of Estate
Classification of Estates
Deform of the English Land Law
Estate in fee simple
Absolute in possession, creation of leases
Leaseholds, Tenancies and various types of
tenancies
5 & 6 Duties of Landlord and Tenant
Restrictive Covenants
Serutudes, express covenants
Implied covenants
7 & 8 Easements, Dominant and servient tenements
Right of way, Easement by Grant, Statute
Prescription
Profits a Prendre
MID-SEMESTER TEST
9 & 10 Mortgages, Legal, Equitable
Remedies of the Mortgagor
Remedies of the Mortgagee
Pledges and incedent of pledges
Sales of Land
Contract of sale and Delivery of Land and
transfer of title in it
Registration of Land Charges
4
ESM 205 – LAW OF CONTRACT
COURSE PARTICULARS
Course Code: ESM 205
Course Title: LAW OF CONTRACT
No. of Units: 2
Course Duration: One hour of theory.
Status: Compulsory
Course Email Address: [email protected]
Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101
Prerequisite: NIL
COURSE INSTRUCTORS
Barr. P. O. Fasunhan
Legal Unit
Federal University of Technology, Akure, Nigeria.
Phone: +234803472276 Email:[email protected]
COURSE DESCRIPTION
The course covers the following topics
Formation of contract, parties to a contract, void and voidability of a contract, parties to a
contract, termination of contracts, remedies for breach.
Special topics: sales of land and goods, agency, the legal position of auctioneers and estate
agents, insurance, hire purchase, sales of goods etc.
COURSE OBJECTIVES
The objectives of this course are to:
Make students know the definition of contract
To make them realize that parties to a contract must intend that their agreement shall be
legally enforceable
Enable students to know that contractual agreements give rise to rights and obligations
which the law recognizes and enforces
Make students realize that certain agreements, such as domestic and social arrangements,
are not intended by the parties to be legally binding
Make students know that every contract is an agreement, but not every agreement is a
contract.
COURSE LEARNING OUTCOMES / COMPETENCIES
Upon the completion of this course, the student will be able to:
apply principles of law to hypothetical cases
5
cite examples of decided cases as it applies to real life situations
advise succinctly on any issue that relates to contractual matter vis-à-vis breach of
contract and remedies that would flow from such breach.
GRADING SYSTEM FOR THE COURSE
This course will be graded as follows:
Class Attendance 10%
Assignments 15%
Test(s) 15%
Final Examination 60%
TOTAL 100%
GENERAL INSTRUCTIONS
Attendance: It is expected that every student will be in class for lectures and also participate in
all tutorials. Attendance records will be kept and used to determine each person’s qualification
to sit for the final examination. In case of illness or other unavoidable cause of absence, the
student must communicate as soon as possible with the course lecturer, indicating the reason for
the absence.
Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test
and examination are prohibited. You are not allowed to make copies of another person’s work
and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported
to the University Management for appropriate sanctions in accordance with the guidelines for
handling students’ misconduct as spelt out in the Students’ Handbook.
Assignments and Group Work: Students are expected to submit assignments as scheduled. Late
submission of assignment(s) is not allowed except under extenuating circumstances, for which a
student has notified the instructor in advance.
Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.
Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)
during lectures. Food and drinks are not permitted in the lecture room.
READING LIST
1. Law Made Simple (1982), Low Priced Edition by Colin F. Padfield
2. Law of Contract (2000) by Chesire and Fifoot
3. Law of Contract (2006) by Professor I. Sagay
COURSE OUTLINE
WEEKS TOPICS REMARKS
1 Introduction of Law of Contract and definition
of contract, different kinds of contract, void,
voidable, unenforceable, valid, illegal etc
2 Bilateral and unilateral contract.
Essential ingredients of a valid contract such as
6
offer, acceptance, consideration, intention to
create legal relations, capacity
3 & 4 Invitation to treat and offer distinguished.
Termination of offer, mental acceptance,
acceptance subject to contract.
Rules of consideration, effect of intention to
create legal relations, capacity of infants,
lunatics and drunken persons, married women,
illiterates
5 Effect of Mistake on Contract
a. Mutual mistake
b. Common mistake
c. Unilateral mistake
Effect of Misrepresentation on Contract
a) Innocent misrepresentation
b) Fraudulent misrepresentation
6 & 7 Different ways of
Terminating a contract
Remedies for breach of contract
8 & 9 Sales of Goods
Definition of Sales, Goods, Property etc
Estate Agents – Principal, Agent & Third party
Scope of Agency and their authorities
MID SEMESTER TEST
10 Hire Purchase Agreement
Common law, Hire Purchase Act of 1965
Parties to Hire Purchase Agreement
Formalities of Hire Purchase agreement
Rights and Liabilities under the owner and the
Hirer
Determination of Hire Purchase Agreement
7
ESM 206–ELEMENTS OF LAW OF TORT
COURSE PARTICULARS
Course Code: ESM 206
Course Title: ELEMENTS OF LAW OF TORT
No. of Units: 2
Course Duration: Two hours of theory.
Status: Compulsory
Course Email Address: [email protected]
Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101
Prerequisite: NIL
COURSE INSTRUCTORS
Barr. P. O. Fasunhan
Legal Unit
Federal University of Technology, Akure, Nigeria.
Phone: +234803472276 Email:[email protected]
COURSE DESCRIPTION
The course covers the following topics:
General Principles of Tort, Torts affecting land, Negligence, Nuisance, Trespass, Strict Liability,
Liability for animals
COURSE OBJECTIVES
The objectives of this course is to make students know that:
Tort is a breach of a duty imposed by law and that parties in a tort are previously
unconnected
Tort is concerned with protecting interests and compensating wrongs, injuries or damage
Liability in tort is often based on fault or occurrence of damage
Tort aims to restore a plaintiff to his pre-accident or pre-wrong position
COURSE LEARNING OUTCOMES / COMPETENCIES
Upon the completion of this course, the student will be able to know:
That Law of Torts protects personal and property interests from being harmed by other
persons
That everyone is under a duty not to breach the interests of other persons
That where a person interferes with the interest of another person without legal
justification, or excuse, the law of tort intervenes to apportion blame and award damages
or other appropriate remedy.
GRADING SYSTEM FOR THE COURSE
8
This course will be graded as follows:
Class Attendance 10%
Assignments 15%
Test(s) 15%
Final Examination 60%
TOTAL 100%
GENERAL INSTRUCTIONS
Attendance: It is expected that every student will be in class for lectures and also participate in
all tutorials. Attendance records will be kept and used to determine each person’s qualification
to sit for the final examination. In case of illness or other unavoidable cause of absence, the
student must communicate as soon as possible with the course lecturer, indicating the reason for
the absence.
Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test
and examination are prohibited. You are not allowed to make copies of another person’s work
and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported
to the University Management for appropriate sanctions in accordance with the guidelines for
handling students’ misconduct as spelt out in the Students’ Handbook.
Assignments and Group Work: Students are expected to submit assignments as scheduled. Late
submission of assignment(s) is not allowed except under extenuating circumstances, for which a
student has notified the instructor in advance.
Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.
Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)
during lectures. Food and drinks are not permitted in the lecture room.
READING LIST
1. Law of Tort (2008) – Ese Malemi – Published by Princeton Publishing Company
2. Law Made Simple (1982), Low Priced Edition by Colin F Padfield
COURSE OUTLINE
WEEKS TOPICS REMARKS
1 Introduction of Law of Torts and Definition,
Purpose of the Law of Tort, Tort compared with
some other laws
2 How Law of Tort was received into Nigeria
Sources of Nigerian Law of Tort, Common Law,
Case Law or Judicial Precedent, Legislations,
Acts and Laws Decrees and Edicts, Bye Laws,
Delegated Legislation
3 & 4 Principles of Liability in Tort
Damage and liability on tort, legal wrong
without damage, damage without a legal wrong,
9
causation and liability for damage, tests for
determining the extents of liability for damage,
test of directness of damage, strict liability
motive, intention, malice and liability in tort
5 & 6 Trespass to Person – Assault
Purpose of the Law of assault
Elements of Assault, Examples of Assault
Battery – Purpose of the Law of Battery
Examples of Battery, Elements of Battery
Involuntary contact
False Imprisonment
Confinement is not necessary
Purpose of the law of false imprisonment
7 & 8 Trespass to Chattel
Examples of Trespass to chattel
Trespass to chattel, Conversion and Detinue
Elements of Trespass to Chattel
Defences for Trespass to Chattel
Remedies for Trespass to Chattel
Conversion
Differences between Conversion and Trespass to
chattel
Examples of Conversion
Defenses to Conversion of a Chattel
Remedies for Conversion
Detinue
When to sue for Detinue
Differences between Conversion and Detinue
Defences for Detinue, Remedies for Detinue
MID-SEMESTER TEST
9 & 10 Trespass to Land
Definition of Land
Elements of Trespass to Land
Remedies for Trespass to Land
Negligence
Purpose of the Tort of Negligence
Definition of Negligence
Elements of Negligence
Duty of Care
Vicarious Liability
Relationships that produce vicarious liability
Factors determining a master and servant
relationship
Elements of vicarious liability
Occupiers Liability
Definition of Property, who is an occupier?
Properties under occupier liability
Invitees, Licencees, Trespasers
Nuisance
Definition of Nuisance, Examples of Nuisance
Purpose of the Law of Nuisance
Kinds of Nuisance
10
ESM 312 – ADMINISTRATIVE LAW
COURSE PARTICULARS
Course Code: ESM 312
Course Title: ADMINISTRATIVE LAW
No. of Units: 2
Course Duration: Two hours of theory.
Status: Compulsory
Course Email Address: [email protected]
Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101
Prerequisite: NIL
COURSE INSTRUCTORS
Barr. P. O. Fasunhan
Legal Unit
Federal University of Technology, Akure, Nigeria.
Phone: +234803472276 Email:[email protected]
COURSE DESCRIPTION
The course covers the following topics:
The machinery of government, Separation of powers, the Legislative, the Executive, Judiciary,
organization of courts and their jurisdictions.
Administrative tribunal, the personnel of the Law
Remedy for Administrative misconduct such as interlocutory injunction, certiorari, order of
mandamus.
COURSE OBJECTIVES
The objectives of this course is to allow students to know that:
Administrative authorities have much powers and their functions affect the lives of all
persons and bodies
Administration is indispensable for any unit of people whether it be in the domestic,
social, commercial or public setting
Administration in managing the affairs of a given unit of people makes policies and takes
decision and in doing this, the administration may infringe the rights and interests of a
person or group of persons
The purpose of administrative law is to regulate the powers and duties of administrative
authorities and provide remedies for administrative wrongs
There are judicial remedies and non-judicial remedies for administrative acts.
COURSE LEARNING OUTCOMES / COMPETENCIES
Upon the completion of this course, the students will be able to know:
11
Principles, powers and duties of administrative authorities and the remedies prescribed by
law for the wrongs and excesses of administrative authorities
Administrative decisions and rule making procedures
Control of administrative powers, administrative adjudication and the right to fair
hearing, due process of law
Administrative personnel in the public and private sectors.
GRADING SYSTEM FOR THE COURSE
This course will be graded as follows:
Class Attendance 10%
Assignments 15%
Test(s) 15%
Final Examination 60%
TOTAL 100%
GENERAL INSTRUCTIONS
Attendance: It is expected that every student will be in class for lectures and also participate in
all tutorials. Attendance records will be kept and used to determine each person’s qualification
to sit for the final examination. In case of illness or other unavoidable cause of absence, the
student must communicate as soon as possible with the course lecturer, indicating the reason for
the absence.
Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test
and examination are prohibited. You are not allowed to make copies of another person’s work
and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported
to the University Management for appropriate sanctions in accordance with the guidelines for
handling students’ misconduct as spelt out in the Students’ Handbook.
Assignments and Group Work: Students are expected to submit assignments as scheduled. Late
submission of assignment(s) is not allowed except under extenuating circumstances, for which a
student has notified the instructor in advance.
Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.
Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)
during lectures. Food and drinks are not permitted in the lecture room.
READING LIST
1. Administrative Law - (2008) Third Edition by Ese Malemi
COURSE OUTLINE
WEEKS TOPICS REMARKS
1 Introduction to Administrative Law
Organization, functions, powers and procedures
of government and Administrative Authorities
Definitions of Administrative Law
12
Administrative Law and Constitutional Law
compared
2 Province of Administrative Law
Functions and powers of administration
Examples of Administrative Agencies of Federal
Government
Sources of Administrative Powers
Express, Incidental and Implied powers
3 & 4 Kinds of Administrative powers
Legislative, Executive Judicial, Quasi Judicial
Administrative or Executive powers
Doctrine of Separation of Powers and 1999
Constitution
Principles of Natural Justice
Administrative Machinery of FUTA vis-à-vis
the provision of FUTA Act 2004 and the rights
of students
5 & 6 Hierarchy of Courts, Composition and Functions
of various Personnel of the Courts
The Judicature under 1999 Constitution.
FEDERAL COURTS
Supreme Court of Nigeria, The Court of Appeal,
The Federal High Court, The High Court of the
Federal Capital Territory Abuja
Sharia Court of Appeal of the Federal Capital
Territory Abuja
Customary Court of Appeal of the Federal
Capital Territory Abuja
7 & 8 STATE COURTS
High Court of a State
Sharia Court of Appeal of a State
Customary Court of Appeal of a State
MID-SEMESTER TEST
9 & 10 Remedies for Administrative Acts
Judicial Remedies
Order of Mandamus, Certiorari, Prohibition
Injunction, Habeas Corpus
Non Judicial Remedies
Petition, Dialogue, Rally and Peaceful Protest
Public opinion, Lobby, Referendum, Prerogative
of Mercy Amnesty ADR, Arbitration, Mediation
Conciliation, Strike, Boycott, Picketting
13
ESM 304 – ELEMENTS OF LAND LAW II
COURSE PARTICULARS
Course Code: ESM 304
Course Title: ELEMENTS OF LAND LAW II
No. of Units: 2
Course Duration: Two hours of theory.
Status: Compulsory
Course Email Address: [email protected]
Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101
Prerequisite: NIL
COURSE INSTRUCTORS
Barr. P. O. Fasunhan
Legal Unit
Federal University of Technology, Akure, Nigeria.
Phone: +234803472276 Email:[email protected]
COURSE DESCRIPTION
The course covers the following topics:
The role of land in indigenous Nigerian society and economy
Nature of land holdings, creation of family ownership
Customary forms of alienation. Dealings with family property
Compulsory acquisition and state grants. Registration of titles of family land.
COURSE OBJECTIVES
The objectives of this course is to expose students to know the:
Role of land in Indigenous Nigerian Society
Rules of Customary law relating to ownership, acquisition and disposition of land
Concept of communal, family and individual land-ownership under customary law
Family property
Ownership of land.
COURSE LEARNING OUTCOMES / COMPETENCIES
Upon the completion of this course, the student will be able to know:
Three concepts of ownership known to Customary Law
Powers of Administration over land
That title to family land holdings is vested in the members of the family as a corporate
group
14
Framework for the creation of family property
Creation through allotment and Will
Redemption of pledged family land
Appointment of head of family etc.
GRADING SYSTEM FOR THE COURSE
This course will be graded as follows:
Class Attendance 10%
Assignments 15%
Test(s) 15%
Final Examination 60%
TOTAL 100%
GENERAL INSTRUCTIONS
Attendance: It is expected that every student will be in class for lectures and also participate in
all tutorials. Attendance records will be kept and used to determine each person’s qualification
to sit for the final examination. In case of illness or other unavoidable cause of absence, the
student must communicate as soon as possible with the course lecturer, indicating the reason for
the absence.
Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test
and examination are prohibited. You are not allowed to make copies of another person’s work
and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported
to the University Management for appropriate sanctions in accordance with the guidelines for
handling students’ misconduct as spelt out in the Students’ Handbook.
Assignments and Group Work: Students are expected to submit assignments as scheduled. Late
submission of assignment(s) is not allowed except under extenuating circumstances, for which a
student has notified the instructor in advance.
Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.
Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)
during lectures. Food and drinks are not permitted in the lecture room.
READING LIST
1. Fundamentals of Nigerian Real Property Law (2006) by Olugbemi Fatula
COURSE OUTLINE
WEEKS TOPICS REMARKS
1 Role of land in Indigenous Nigerian Society
Definition of Land, Sources of Land Law
Importance of Land as a factor of production
2 State Land vis-à-vis developing it
Land use Act of 1978 and Land ownership
Land tenure in Northern Nigeria
15
3 & 4 Rules of Customary Law relating to ownership,
acquisition and disposition of land
Concept of communal, family and individual
land ownership under customary law, conceptual
clarification of family
5 & 6 How family property is created under customary
law
Framework for the creation of family property
Creation through allotment, Will, acquisition of
land through family resources
7 & 8 Organization and Management of family
landholdings
Appointment of family head by operation of
law, Express Appointment
Rights and duties of family head
Accountability of family head
MID-SEMESTER TEST
9 & 10 Rights of members of the family
Alienation of family land
Validity of Alienation of family property
Void and voidable transfers
Allocation and allotment
Nature of the interest of an allocatee
Right of inheritance
Partitioning