SECTION A: BASIC CONCEPTS OF COMMON LAW

1. What is Common Law?

Answer:
Common law is a body of law developed through judicial decisions and court judgments rather than through statutes or written legislation.

2. What is the origin of Common Law in Nigeria?

Answer:
Common law in Nigeria was introduced by the British during colonial administration and forms part of the received English law.

3. What are the main components of English law received in Nigeria?

Answer:
i. Common law
ii. Doctrines of equity
iii. Statutes of general application in force in England as at 1 January 1900

4. Explain the term received English law.

Answer:
It refers to English legal rules and principles adopted for application in Nigeria during the colonial era, subject to local circumstances and statutory modification.

5. Is Common Law written or unwritten?

Answer:
Common law is largely unwritten and is derived from principles established by court decisions.

SECTION B: COURTS & JUDICIAL PRECEDENT

6. What is Judicial Precedent?

Answer:
Judicial precedent is the principle whereby courts are bound to follow the decisions of higher courts in similar cases.

7. Explain the doctrine of stare decisis.

Answer:
Stare decisis means “to stand by decided cases,” requiring courts to follow established judicial decisions to ensure consistency and certainty in law.

8. What part of a judgment is binding as precedent?

Answer:
The ratio decidendi, which is the legal principle or reason for the decision.

9. What is obiter dictum?

Answer:
Obiter dictum consists of statements made by a judge that are not essential to the decision and are not binding, though they may be persuasive.

10. Name one advantage of judicial precedent.

Answer:
It promotes certainty, uniformity and predictability in the application of the law.

SECTION C: EQUITY & EQUITABLE DOCTRINES

11. What is equity in law?

Answer:
Equity refers to a body of principles developed to mitigate the rigidity and harshness of common law and ensure fairness.

12. Mention two maxims of equity.

Answer:
i. Equity follows the law
ii. He who comes to equity must come with clean hands

13. Distinguish between Common Law and Equity.

Answer:
Common law is rigid and rule-based, while equity is flexible and guided by fairness and conscience.

14. When do courts apply equity?

Answer:
Equity is applied where strict application of common law would result in injustice.

15. Which prevails where common law and equity conflict?

Answer:
Equity prevails over common law in cases of conflict.

SECTION D: TORTS UNDER COMMON LAW

16. What is a tort?

Answer:
A tort is a civil wrong other than breach of contract which gives rise to a claim for damages.

17. Name three common law torts.

Answer:
Negligence, defamation, nuisance.

18. Define negligence.

Answer:
Negligence is the failure to exercise the degree of care which a reasonable person would exercise in similar circumstances.

19. List the elements of negligence.

Answer:
i. Duty of care
ii. Breach of duty
iii. Damage resulting from the breach

20. What is vicarious liability?

Answer:
It is the liability of an employer for the wrongful acts of an employee committed in the course of employment.

SECTION E: CONTRACT LAW (COMMON LAW ASPECTS)

21. What is a contract at common law?

Answer:
A contract is an agreement enforceable by law between two or more parties.

22. State four essential elements of a valid contract.

Answer:
Offer, acceptance, consideration, intention to create legal relations.

23. Define consideration.

Answer:
Consideration is something of value given in return for a promise.

24. What is meant by privity of contract?

Answer:
Only parties to a contract can sue or be sued under it.

25. Name one exception to the doctrine of privity.

Answer:
Agency.

SECTION F: COMMON LAW AND STATUTE

26. Distinguish between Common Law and Statutory Law.

Answer:
Common law develops through court decisions, while statutory law is enacted by legislative bodies.

27. Can statutory law override common law?

Answer:
Yes. A statute can abolish or modify common law principles.

28. Give one example of common law being modified by statute in Nigeria.

Answer:
Labour and employment relations governed by labour laws limit strict common law employer powers.

29. Is common law still relevant in Nigeria today?

Answer:
Yes. It applies where not replaced or modified by statutes.

30. What is the relevance of common law to public service administration?

Answer:
It guides employment relations, disciplinary procedures, duty of care, fairness and administrative justice.

SECTION G: LEGAL REMEDIES

31. What is a legal remedy?

Answer:
A legal remedy is a means by which a court enforces a right or compensates for a wrong.

32. Name two common law remedies.

Answer:
Damages and injunctions.

33. What are damages?

Answer:
Monetary compensation awarded to a person who has suffered legal injury.

34. Differentiate between damages and injunction.

Answer:
Damages compensate for past harm; injunction prevents future harm.

35. What is specific performance?

Answer:
A court order compelling a party to perform contractual obligations.

SECTION H: ADMINISTRATIVE & PUBLIC LAW LINKS

36. What is natural justice?

Answer:
Principles ensuring fair hearing and impartial decision-making.

37. Name two rules of natural justice.

Answer:
i. Audi alteram partem (hear the other side)
ii. Nemo judex in causa sua (no one should judge their own case)

38. Why is natural justice important in disciplinary matters?

Answer:
It ensures fairness and protects officers from arbitrary punishment.

39. What is abuse of power in public law?

Answer:
Unlawful or improper use of authority contrary to law or fairness.

40. What is administrative discretion?

Answer:
The lawful power given to public authorities to make decisions within defined limits.

SECTION I: LIMITATIONS & MODERN APPLICATION

41. State one criticism of common law.

Answer:
It is slow to develop and may be rigid.

42. How does common law develop?

Answer:
Through incremental judicial decisions over time.

43. Can Nigerian courts depart from past common law decisions?

Answer:
Yes, especially where decisions are outdated or unjust.

44. What role does the Supreme Court play in common law development?

Answer:
It sets binding precedents for all lower courts.

45. How does common law support the rule of law?

Answer:
By ensuring consistency, fairness, and equality before the law.

SECTION J: EXAM-FRIENDLY SHORT QUESTIONS

46. Is common law applicable to all Nigerians?

Answer:
Yes, subject to statutory law and customary law where applicable.

47. Can customary law override common law?

Answer:
Only where recognised by the courts and not repugnant to natural justice, equity and good conscience.

48. What determines whether English common law applies in Nigeria?

Answer:
Local statutes, court acceptance, and relevance to Nigerian circumstances.

49. State one area where common law still governs public service duties.

Answer:
Employer-employee relationship and negligence.

50. Why is understanding common law important for public servants?

Answer:
It helps officers act lawfully, fairly, avoid liability, and understand administrative justice.