PRINCIPLE

CONTRACT – Terms of contract – Implied Terms of contract- Meaning of implied terms of contract

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CONTRACT – General contract of hiring for a year definite – How contract of hiring for a year can be terminated

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CONTRACT – EMPLOYMENT – Duration of contracts between master and servant – Where terms of contract not certain – Presumption of one year term

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CONTRACT – DAMAGES – Wrongful Dismissal – Principles governing award of damages in contract

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CONTRACT – Contract of Employment – Reasonable notice – Need to be determined based on each case – Circumstances to be considered when determining duration of notice

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CONTRACT – Contract of Employment – Notice required for termination of contract of employment – Where duration not specifically stated – Need to be reasonable – Whether applicable to employee under probation

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CONTRACT – Breach of Contract – Effect of failure of a party to exercise his right to terminate a contract for reason of breach – Whether the party is at liberty to exercise same in subsequent breach

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COMPANY LAW – Effect of matters inconsistent with the powers given in the memorandum and articles – When a company can be held liable on ultra vires contract:

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APPEAL – New Issues – Whether the Court of Appeal will allow a party to raise a point which was not taken in the court below

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APPEAL – Findings of trial Court – When Appellate Court may interfere with findings of trial court

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ADMIRALTY – Nature of An action in rem in Admiralty

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ACTION – JUDGMENT AND ORDERS: Non-Suit – Meaning, History and Nature of non-suit

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ACTION – JUDGMENT AND ORDERS – Non-Suit – Need for the Court to hear both parties before entering an order for non-suit

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ACTION – JUDGMENT AND ORDERS – Claim – How claim for compensation for injurious can be determined

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ACTION – JUDGMENT AND ORDERS – Claim – Duty of the Court to enter judgment when a claim is successfully proved to the satisfaction of court

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ACTION – Defences to an action – Whether leave is required to raise multiple defences to an action

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ACTION/JUDGMENT AND ORDERS – Order for Non-suit – Discretionary powers of court to Non-suit – Need for the discretion to be exercised judicially

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PRACTICE AND PROCEDURE – Service – When notice/service is required – Fundamental Nature of service – Effect of lack of service on order made against a party

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PRACTICE AND PROCEDURE – Judgment of Court – When Judgment of Court is Pleaded and Tendered to determine a particular issue between the parties- Duty of the Court to Examine and give effect

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PLEADINGS – Traverse – Effect of traverse in pleadings – Burden placed on the Plaintiff by traverse

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