Legal Minds

Legal Minds

2/3/2025, 5:39:45 AM

*The answer is non performance and anticipatory breach*

Legal Minds

2/3/2025, 5:53:31 AM

*CONSORTIUM* A number of rights duties and obligations imposed on married spouses are collectively called consortium and there are as follows; *Change of name*: a married woman may use her husband’s name or surname even after separation. Except it is used with the intent to defraud. *Duty to Cohabit subject to the circumstances of the parties*. “State of things” for example, military service. The parties may mutually consent to live apart. Dunn v. Dunn. R v. Creamer. Desertion may result from wilful and unjustified refusal to cohabit without the intention to resume cohabitation. *Sexual intercourse*: the parties have a duty to consummate till separation. Failure to consummate may constitute a ground for nullity Section 15 (2) of the Matrimonial Causes Act. But impotence after consummation does not constitute a ground for nullity. Section 6 of the Criminal Code allows marital rape. The Lagos law has repealed this. Sexual demand should be reasonable. R v. Miller. At customary law, each spouse is expected to submit to the other’s reasonable sexual demands. *Mutual defense*: use of reasonable force to prevent actual threat or violence to a spouse on his presence.sc 32(3) of the Criminal Code see also Section 33(2) of the constitution. *REMEDIES FOR INTERFERENCE WITH CONSORTIUM.* *Enticement:* Some positive and wilful act of a third party that leads to the separation of the spouse. The third party must have intended the separation. Ignorance of marital status and honest advice given on request can be a defense. The principles of humanity may also be a good defence that the spouse had ill-treated his wife. *BY* *FELIX CHIBUIKE* *07089621300* *[email protected]* https://whatsapp.com/channel/0029VaBRr0oG3R3lE4UL4A1w

Legal Minds

2/1/2025, 11:00:33 AM

*The answer is void because as the head of the family you hold the lands in a trustee position as such you can't do away with the land in any manner you like* *What is the Status of the Family Head?* In Amodu Tijani V Secretary of Southern Nigeria and the case of Kuma V Kuma the Courts saw him as a trustee who holds the property for the use of the family. This position is not totally correct. Accepted, just like the English trustee, he is expected to act for the benefit of the members and he institutes and defends actions against the family property. However, unlike the English trustee, legal estate is not vested in the family head, he is liable to judgment creditors and should obtain the consent of the family members before spending on the property-Aralawon V Aromire. :: Perhaps it is more convenient to follow the Supreme Court’s position in Solomon V Mogaji, where it held that the family head is a Manager who must act in good faith in managing the property.

Legal Minds

2/2/2025, 5:59:50 AM

*Breach of contract of marriage may be in two forms and they are_?*

Legal Minds

2/1/2025, 11:00:46 AM

*Attempt and send your answers to 07089621300 Felix Chibuike* *If you want to be viewing my status for more legal contents SAVE UP 07089621300 Felix Chibuike and DM* *Your name and institution for save up too😊⚖️⚖️⚖️*

Legal Minds

2/1/2025, 12:09:31 AM

*Alienation of family land by the head of the family for his benefits without the consent of anybody is______ ?*

Legal Minds

2/3/2025, 5:57:13 AM

*A number of rights duties and obligations imposed on married spouses are collectively called __?*

Legal Minds

2/1/2025, 12:06:28 AM

*The answer is voidable*

Legal Minds

2/1/2025, 12:06:41 AM

"Happy New Month to the entire Legal Minds community! May this new month bring you wisdom, justice, and success in all your endeavors. May your arguments be strong, your cases be won, and your impact be felt. Wishing you a month filled with productivity, learning, and growth. May your passion for the law continue to inspire and motivate you to make a positive difference in the world. Best wishes, [Felix Chibuike]"

Legal Minds

2/2/2025, 5:52:33 AM

*BREACH OF A CONTRACT TO MARRY.* Yes marriage is a contract in case you don't know,Upon failure to fulfill marriage obligations by one party ,the other can sue but must prove the following because he who allege must prove That the defendant made a voluntarily promise to marry the plaintiff. That the promise was not kept. That the plaintiff may corroborate the allegation with evidence. *The breach may be in the form of,* Non-performance Anticipatory breach. *NON-PERFORMANCE* occurs when the promisor absconds on the fixed date or fails to perform within a reasonable time. *Martins V. Adenugba.* On the fixed date for the marriage, the defendant went into the marriage registry alone (without the plaintiff) and came out declaring that they have been married. The plaintiff believed him and cohabited with him for 3 years. She was entitled to recover damages. Where the promise is conditional, it is inoperative until the condition has been fulfilled. *Aiyede v. Norman-Williams.* The defendant promised to marry the plaintiff if he could obtain his father’s consent. The court held that failure to get the fathers consent invalidated the promise. *ANTICIPATORY BREACH*: where the defendant declares his intention not to perform or he willfully makes it impossible to perform his promise. For example, by marrying someone else. *Uso v. Oketubosun* The defendant went ahead to marry another lady after promising to marry the plaintiff. It was held to be a breach of the promise to marry. *BY.* *FELIX CHIBUIKE* *07089621300* *[email protected]* https://whatsapp.com/channel/0029VaBRr0oG3R3lE4UL4A1w