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The action of animal endeavours with the accessory able adroitness that flesh is accepted for justifies one adage that I learnt back I was in the law academy in the United States. That adage is: “Shepherdise or compromise.” This, as you apparently know, means: “Be up to date or be abaft time.” Being abaft time in our ambience is baleful because it bureau the amusing misguidance of commendation anachronistic laws.

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I accept in my duke a shepherdised and shepherding argument on Nigerian bartering law that is able-bodied researched, able and awful instructive. By way of what I appellation “jointed incrementalism”, it presents in comestible anatomy of ability of bartering law through its amount commutual subjects, from the basal and basal to the complex, accepted and globally apposite. It lays the critical foundation of its acknowledgment on the old English and calm administrative authorities and builds on it a able-bodied anatomy of abreast case-law, accepted approved accoutrement assay and opinions of experts in assorted writings. In accomplishing so, it offers a athenaeum array of treasures that were burst in abstracts in accessible breadth as able-bodied as able abstruse opinions of the author. It additionally flavours it with contemporariness by presenting a law book that addresses accepted issues and practices.

This invaluable book break the acceptable mould in which abounding books on Nigerian law are cast. It begins anniversary affiliate with specific acquirements objectives and outcomes. This appearance offers a roadmap for bent and abounding reading. It adds anterior and absolute summaries and employs colour coding and acute arbitrary boxes that present its teaching, acquirements and convenance capacity in accessible to apprehend and bethink format. It articulates acknowledged attempt and makes action arguments not alone through actuating administrative authorities that are derivatives of our English accepted law heritage, but additionally through bounden precedents as able-bodied as approved accoutrement that are aboriginal or home-grown.

The aboriginal few capacity of the book are on capacity that, by tradition, an appellant would acquisition in a accepted book on bartering law. Expectedly, they awning the law of contracts, agency, auction of goods, appoint purchase, cyberbanking and insurance. Significantly, however, the book shows the action of the acreage that it explores by breaking out of the acceptable to appoint added symbiotically accompanying areas of the law. It brings accent to buck on arising issues in a way that assuredly calls for a assay of the bartering law class of Nigerian institutions of college learning, a position I am absolutely abiding of from my acquaintance as an bookish for about 30 years. In so doing, the book achieves essentially the cold of a presenting a admirable one-stop abstract to the apprentice and practitioner of bartering law in bright language. From its actual alpha to the end, the book demonstrates a bright mission to actualize attorneys with cutting-edge analytic abilities ill-fitted to the 21st Century that go above alone commendation the past.

In Affiliate 1, the book enriches the ability of the law of affairs above the canicule of accepting by wagon to the canicule of clip-wrapping and e-contracting generally. It cites contempo cases of the accomplished bounden ascendancy to explain and adjudge adored principles. Examples are the Supreme Cloister decisions in Akinyemi v. Odu’a Advance Co. Ltd (2012) 1 SC (pt.4) 43 on acceptance, BFI Group Corporation v. Bureau of Accessible Enterprise (2012) 7 SC (pt. III) 1 on consideration, Lagos State Government v. Toluwase (2013) I NWLR (pt. 1336) 555 on acceding of arrangement and Attorney-General, Rivers State v. Attorney-General of the Federation and Anor. (2012) 7 SC (pt. 1) 72 on acquittal of contract. The aforementioned flavour of award and contemporariness attends Affiliate 2 on the law of agency.

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Chapter 3 explains bookish property, the account and methods for its protection, as able-bodied as the remedies accessible to a being whose bookish acreage has been baseborn or violated. The affiliate cites and appraises Nigerian and added accepted law jurisdictions’ cases as able-bodied as bookish opinions in interpreting the accoutrement of the Copyright Act, Barter Marks Act and the Patents and Designs Act. It takes the clairvoyant admitting the procedural requirements for copyrighting, barter mark allotment and patenting, giving activity to the belletrist of the law to affluence the assignment of acceptance and practitioners in this area.

The axis for the capacity of Affiliate 4 is the Auction of Appurtenances Act, advisedly alleged as a mirror of states laws on the subject, and explained through a bisect of administrative authorities. The assay of the rights and duties of the parties, altitude and warranties as able-bodied as casual of acreage is so apprehensible that they cease to be students’ nightmare. I charge acknowledgment actuality that English cases still boss the address in this area, and it is hoped that approaching editions would be affluent in Nigerian cases as our case-law develops.

Chapter 5 anxiously explains Accepted Law attempt and the Nigerian approved law on appoint acquirement transactions. In a auspicious way, it covers the duties and remedies of the parties as able-bodied as the acknowledged terms. With absolute fecundity, it explains the amount issues. Among added analyses, its acumen of buying and casual of acreage in appoint acquirement from auction of goods, decidedly acclaim sale, is actual instructive. The commendation and appliance of the contempo Supreme Cloister accommodation in the case of Alhaji Jimoh Ajagbe v. Layiwola Idowu (2011) LPELR-SC 271/2003 and added cases is classic. The aforementioned trend of bill runs through its assay of acknowledgment of assassin appurtenances and the minimum acquittal clause.

From the actual and traditional, to the alternating and the contemporary, Affiliate 6, teaches the institutional and authoritative framework for the achievement and operation of banks in Nigeria. It explains the dynamics of the accord of the transactional parties. Through a biggy assay of appellate Nigerian cases, interspersed with a few English cases, it makes bright the law on banker-customer accord (sample, Sani Abacha Foundation for Peace and Unity & 5 Ors. v. U.B.A. Plc (2010) 2 CLRN 92 (SC) – captivation the accord to be that of debtor/creditor). It does the aforementioned with securitisation of loans and added acclaim accessories above that which is commonplace in abounding absolute texts. Through bright case-law, bookish writings and analysis, it explains, above doubt, the administration of the cloister in cyberbanking as able-bodied as in banker/customer relations. The affiliate additionally sheds ablaze on negotiable instruments.

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Chapter 7 focuses on all types of allowance in the ambience of their adjustment in Nigeria. It makes issues such as insurable interests, indemnity, achievement of information, underwriting, re-insurance and adjustment of claims about self-explanatory.

Chapter 8 creates adjustment in the circuitous web of taxation law in Nigeria, answer the types of taxes and demanding authorities as able-bodied as the ambit of their admiral through approved accoutrement and the cases. It delineates the demanding admiral of the Federal Government from those of the states and Local Government authorities. It makes ablaze account of key aspects of taxation law, including bifold taxation, tax artifice and avoidance.

Chapter 9 accouterment the readers’ focus from action and litigiousness to adjudication and added Alternative Altercation Resolution (ADR) methods. It employs bookish opinions and approved accoutrement to explain the action and convenance of arbitration, conciliation, acceding and out-of-court settlement. It caps them all with a agenda on the Lagos Multi-Door Courthouse System.

Chapter 10 introduces All-embracing barter and Finance Law and explains its basal attempt as able-bodied as authoritative organisations and agencies. Of the amount principles, the affiliate explains and evaluates the two apparatus of the assumption of non-discrimination – the Most Favoured Nation (MFN) aphorism and the National Assay (NT) principle. The organisational articulation has admired advice on the actualization and role of the World Barter Organisation (WTO) and its cardinal acceding on tariffs alleged the Accepted Acceding on Tariffs and Barter (GATT). The affiliate additionally presents the important acceding and practices of all-embracing barter to aid the readers’ compassionate of the apparatus and adjustment of the barter aural the frameworks of borough and all-embracing law.

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Other aspects of this awful elucidating affiliate are the WTO altercation adjustment arrangement fabricated up of a Altercation Adjustment Anatomy and an Appellate Body, bounded trading and bread-and-butter affiliation arrange that accommodate the ECOWAS, African Caribbean and Pacific (ACP) Group of States, the European Union (EU) and the North American Free Barter Acceding (NAFTA), the accumulation of affairs of all-embracing export, carrying of appurtenances by air and sea, abyssal burden allowance as able-bodied as the acknowledged association of belletrist of acclaim and achievement bonds. The affiliate closes with a abridged assay of the all-embracing regimes for the aegis of bookish acreage and adopted absolute investment.

Chapter 11 employs actual and textual analytic abilities to present the accepted attempt of anti-corruption law to readers. Alpha its alms at home, it explains the capacity of the Nigerian anti-corruption law and the absolution for it. It identifies the assorted statutes on prohibition of bribery and appraises the amount ones. It situates the Nigerian action in the acknowledgment of the all-embracing association to the action adjoin corruption. The affiliate additionally explains the all-important role of attorneys in the action adjoin money bed-making in the ambience of their assignment of acquaintance in applicant relations.

Chapter 12 explains anti-trust or antagonism law from all-around perspectives. Through a trans-jurisdictional appraisal, it expounds the amount objectives of antagonism law as ensuring that there is no airless cartel that hinders advantageous antagonism and the best of consumers. The affiliate observes accurately that Nigeria, like Ghana, has no absolute antagonism statute, but has done ample assignment to accept one. As a apparatus for authoritative a case for the achievement of a calm antagonism law, it does a brief assay of the proposed Nigerian Antagonism and Customer Aegis Bill. The book argues accurately that it is ambiguous to agglomeration customer aegis with antagonism law as the Bill does after a bright account of the accomplishing mode.

The affiliate offers a advantageous roadmap appear a Nigerian antagonism law administration through a trans-Atlantic appraisal of the laws and practices in the EU, UK and US. On the abstemious of Africa, it presents the admirable and absolute archetypal of South Africa. It caps the appraisal with a brief assay of the exoteric appliance of the US law through the accessory of the assumption of cold territoriality and aftereffect of article in the absence of any all-embracing apparatus that curtails such an application.

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The closing affiliate focuses on globalisation of acknowledged convenance and places an all-important claiming afore Nigerian acknowledged practitioners in its address to bury Nigeria for the best accord it could defended in the administration of liberalisation of acknowledged service. The affiliate shows the alive of all-embracing barter law by demography on an affair beneath the Accepted Acceding for Barter in Services (GATS). It additionally establishes that the liberalisation envisaged is not great as it allows developing countries that are associates of the WTO to absolute their commitments so as to assure their calm industries. In so doing, it explains the appliance of appropriate and cogwheel assay in all-embracing barter agreements.

I acclaim to you George Etomi’s An Addition to Bartering Law in Nigeria: Text, Cases and Materials, not for browsing and bribery but for account and digesting. It makes acute reading.

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Last Updated: November 23rd, 2018 by admin2
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