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: esm303@gmail.com 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:patomfass@yahoo.co.uk 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) (ii) Distinguish between Freehold and Leasehold land 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 1
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 2
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 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 MID-SEMESTER TEST 3
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: esm205@gmail.com 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:patomfass@yahoo.co.uk 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 4
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 5
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 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 MID SEMESTER TEST 6
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: esm206@gmail.com 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:patomfass@yahoo.co.uk 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 7
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, 8
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 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 MID-SEMESTER TEST 9
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: esm312@gmail.com 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:patomfass@yahoo.co.uk 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: 10
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 11
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 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 MID-SEMESTER TEST 12
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: esm304@gmail.com 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:patomfass@yahoo.co.uk 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 13
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 14
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 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 MID-SEMESTER TEST 15