Friday, October 29, 2010

CHILD LABOUR,LAW,EVIL AND GOOD.

Child labour has been an issue that refuse to go away in the mind of those that really care for the welfare of  the chilldren .
In respons to child labour in the developing world,it is  presumed to be those work that are harmful to any child.
Alot of international and local legislation has tried to curtail this trends but has not been succesful,this because 99% of the child labour issues or problems are praticed in the third world countries like Nigeria,india and many  african and asian countries.Infairness to some of these countries local legislation has been made to aviod this problem for example in nigeria,The Childs labour Act of 2009 for lagos state,in india,The 1986 Child labour(prohibition and Regulation Act.)and even in the developed countries like the US,The 1992 Child labour Reterrence Act, which sort to sanction the importation of product made by children.

The issue that need to be address when it comes to the developing countries or third world countries  is that 40% of the daily meal of these families are provided by these children.this due to scarcety of jobs for their parents.
In nigeria,these children hawk waters to pay for their school fees and surpport the family.while in some south asian countries,it is a bonded labour which arieses when an indebted family puts their children to work off their debut.

Inconclution,we can rightly say that this is a necessary evil that is very hard to be avioded.The politcal elite should try and put  economic programmes that impove the welfare of their counties,and when this done families can now impove on themsleves.
No parent will want to see his or her child suffer.

Wednesday, October 27, 2010

RAPE AND GENDER?

The general presumption about law is that its made for the good of generality and not for the few.If it is made to correct or to avoid crime,then everybody is invovled no matter the gender.
Many difficulties has keep me off in this area of law and  i think to most learned writers and students alike.

The definetion of rape tends to protect the woman more going than the men,going by its definiton.The big questions is,can't a man be raped?
Rape is defined in SOA 2003,s 1:As, when a  person intentionally penetrates the vigina,,anus or mouth of another person with his penis, the person does not consent to the penetration and he does not reasonably believe that the victim consented.
The above definition buttreses the point that only a woman can be raped because of the use of words 'penis and penetration'.
The legal unattended quesions are
1.Can't a man be raped?
2.Can't a man be penetrated?
3.Are women the only weaker sex that can be protected by this Act?
Be that as it may,then i think legal arguments should be discarded and the reasonableman test and logic should always be applied  in our courts.Without being bias,i think that my fellow learnered gentlemen(mostly women) should agree with me that the legislation governinig rape should be properly looked into and amended to suit all gender.

law should be made to protect all and not the few.lets still keep the legal and juristic issues alert.

Saturday, October 16, 2010

THE POSTAL RULE IN CONTRACT

The major objective for the formation of contract will not be complete without offer and acceptance.This shared intentons of the parties involves communication which must come from one party to the other thereby creating legal binding agreement if there is a meeting of the mind by the contracting parties.

One major issue that taking the time of jurist and legal writters is 'THE POSTAL RULE'.
The big question has been when will a contract start counting or when is it enforce?

It is a trite law that when an offer to sell goods is made by post,the reply by post signal the formation of a contract.
Coming from a third world country whereby the communcation mechanisms are near zero,does this same rule applies,should this precident be followed?
Even though it has been held that where an offer 'notice in writting ' to the vendor,the posting of the letter did not conclude the contract of sale.Then,does it originally cancel the meeting of the mind of the contracting parties if the mail never arrive?

I strongly argue that the general postal rule should be sent back for proper legislation or amended so that the contracting world will stop litigating over when,how,if and why.