The Relationship between Causation and Remoteness of Damage (Published)
In strict theory, causation (called ‘cause in fact’) and remoteness (called ‘cause in law’) must be dealt with as two separate requirements in each case. Causation is a matter of fact and requires the claimant to prove that the negligent act caused the damage complained of. The rules concerning remoteness of damage are a matter of law and broadly require the claimant to establish that the damage was of a kind which was reasonably foreseeable. It is concerned with setting a limit on the extent of the harm for which the defendant should be held liable. However, it is not always a clear cut issue to establish where causation ends and remoteness begins, nor is it always a simple matter to separate some aspects of remoteness from issues which arise in relation to duty of care. Both causation and remoteness of damage frequently turn on issues of policy. Both are relevant throughout the law of tort and are dealt with in connection with negligence for the sake of completeness.
Keywords: Causation, Complaint, Damage, Defendant, Problems, Remoteness, Trial
Gas Flaring In Nigeria: Problems and Prospects (Published)
The issue of gas flaring in Nigeria has become a topical one in view of the devastating effect gas flaring has in the socio-economic lives of the people in the affected areas. Historically, it is said that gas flaring is as old as oil production in Nigeria. Oil exploratory activities of oil companies in Nigeria have caused gas flaring resulting in loss of lives and properties in the affected communities where gas is flared. There is no specific legal framework that prohibits gas flaring in Nigeria inspite of the environmental problems associated with it. The existing law that appears to regulate gas flaring in Nigeria is not effective as it does not completely prohibit gas flaring but only provide monetary penalties for continued flaring of gas by oil companies in Nigeria. The Judiciary therefore appeared to have championed the cause for the abolition of gas flaring in Nigeria. This paper examines the legal framework for gas flaring in Nigeria and further identifies the problems and prospects associated with the flaring of gas in Nigeria and makes useful recommendations
Keywords: Gas-flaring, Nigeria, Problems, Prospects
The Modern Paradigm of Criminal Justice: Restorative Justice (Published)
Restorative justice represents a new paradigm against the criminality, born and developed in the ground of the failure of punitive justice. As such, it brings a new ideology in the fight against crime, revealing a new perception for the offense, upon which takes life the restorative philosophy. The latter brings a very complex mechanism of action, whose ideals are manifested in the restorative programmes. Thus, the restorative justice satisfies its framework, in the theoretical viewpoint, as well as in the practical one, prompting its way to success. However, it remains a new ideology, still not affirmed and therefore it needs more promotion. In this regard, this paper aims to realize a framework of restorative justice, in the theoretical point of view, as well as in the practical one, to further highlight its problems and needs in the future.
Keywords: Justice, Philosophy, Problems, Programmes, Restorative