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Merging the possibilities of Nigerian and Indian Media Laws

Media law is the body of regulations that guide media production and use. It encompasses different forms including basic broadcast television, internet and print media amongst others. The practice of media law may involve all of the types of legal issues that might arise during the production or consumption of various types of media. In the same way, the media laws of different nations of the world vary on the basis of these legal issues.

World over, governments treat media types differently especially as regarding regulations and oversight. This is largely because of proliferation. Broadcast media has the largest regulation platforms. It basically includes media that’s intended for a general audience and mass consumption like radio and television, bill boards and other traditional information dissemination systems. However, by contrast, the internet, a most recent broadcast media has fewer regulations.

In Nigeria, apart from a direct regulation of the use of media, media law intersects other laws. One of the fields that’s often an issue in the use of media is intellectual property law. Issues of privacy, piracy and image reproduction are frequently treated today and in many cases, media producers and organizations struggle to protect their trademarks and copyrights. Media law also touches contract, criminal law, Torts, taxation, insurance and Environmental law amongst others.

No society can develop without the existence of these media laws as with other laws. However, the rise of new phases like freelancing and citizen journalism has posed a serious challenge to the observance of media laws owing to the fact that citizen journalists (both in Nigeria and other climes), with the aid of any digital device write, copy, download and upload as well as post pictures, information and videos as much as they want on the Internet. The official broadcast media are regulated by the Nigerian Broadcasting Corporation, National Communications Commission and other regulatory bodies (federal sgencies and lsboir unions alike) unlike these new phases of the media which until recent times have no umbrella regulations. A pointer is the recent findings which reveal an increased level of awareness of media laws (87%) among Nigerians (especially youths) leading to considerable level of familiarity of media laws. The findings indicate that Nigerian undergraduates observe media laws in posting stories in new media but do not observe the laws in posting pictures and downloading videos. The study among other things recommends concerted effort by all stakeholders in the new media era including the Nigerian Communications Commission, Internet Service Providers, GSM operators and mobile phone users to combat the erosion of media laws by citizen journalists.

The media in India is basically self-regulated. The existing bodies for regulation of media such as the Press Council of India, which is a statutory body, and the News Broadcasting Standards Authority, a self-regulatory organisation, issue standards which are more operational like guidelines. In India, the Press is free but subject to few restrictions imposed by the Constitution of India, 1950, as amended. Before the impact of globalization was felt, media was controlled by the government, which let the media project only what the government wanted the public to see and in a way in which it wanted the public to see it. Today, the situation has undergone a drastic change.

Read: Biography of Chief Wole Olanipekun, OFR, SAN

By the recent times development and Implementation of media laws in Respective Climes, media law continues to change and grow. It is dynamic and a unique part of the developments in the legal system of any country. The reign of the internet and its neutrality is one hotspot debate concerning the media and this largely looks like the future for media in many countries of the world. This debate includes positions whether media outlets should be able to give priority level on some contents over others when they operate their networks.

Proponents place intellectual subscriptions to the net neutrality policy and say that giving preference based on content is tantamount to censorship. Opponents however say that some consumers, like internet-based visual media company Netflix, use a disproportionately large amount of bandwidth that can slow down other users. Adding to uniquely local national media law issues, there are also international issues to be aware of. In that same way, some countries may have varying content limitations for media than others. That way, there are different rules and customs regarding piracy and intellectual property rights. For India, there should be an objective look into these varying laws to find a balance.

Popular media systems of the world vary from each other according to the economy, polity, religion and culture of different societies. In societies, which followed communism and totalitarianism, like the old USSR and China, there were limitations of what the media could say about the government. Almost everything that was said against the State was censored for fear of revolutions. On the other hand, in countries like USA, which have a Bourgeois Democracy, almost everything is allowed. In Nigeria, there is a protection for freedom of speech. However you cannot be guaranteed of freedom after speaking, especially if it's a talk against the government.

In such an era of media upsurge, it becomes an absolute necessity to impose certain legal checks and bounds on transmission and communication, plus a conscious effort to allow voices to air.

Conclusion

By Digital trends and media explosion, it is no wisdom to remain confined to the boundaries of traditional media. The media world has expanded its dimensions by encompassing within its orbit, the widening vistas of cyber media etc. In result, the laws governing them are also numerous with various important legislations affecting the branches of Media Communication, making citizens aware of their rights and its exercise within the framework of the law.

This article was first published by Its.Legal, an Indian legal platform for students and young lawyers.

The Relevance of Law and Morality in Contemporary Nigeria

After being willed into existence from Lord Lugard and Miss Shaw’s colonial laboratory of artificial insemination, Nigeria has had to deal with issues of morality and its objectives. Following the different transitions in the political and social structure of the Nigerian state – precolonial, colonial and post-colonial, these moralities have proved their dynamic structures and qualities, one that shows it as crucial in the Nigerian society. In this article, the radical objectives of morality in the Nigerian society shall be discussed, alongside its relevance and effects thus far in contemporary Nigeria.

Let’s meet Morality

Morality means a set of principles concerning right and wrong, good and bad as binding on the individual’s conscience. It is usually innate but could be on the other hand, passed from age to age by reason of the society, parental oratory and advice. Morality is a branch of philosophy known as “ethics”. Ethics simply means norms and is derived from the Greek equivalent, “ethos”. It is clear that morality involves norms because it is a conventional set of principles that regulates human mutual co-existence from age to age. Morality tends to emphasize duty on the part of the individual involved by its normative bonds. Duty is seen in the responsibility to uphold thee moral principles just as Kant states that morality regulates the inner mind of man and guides his motivations.

Law on the other hand is a concept that requires great understanding and should be examined with such. Into the bargain, it should be noted that:

Nobody including the lawyer has offered, nobody including the lawyer is offering, nobody including the lawyer will ever be able to offer a definition of law to end all definitions

Much as this is known, it is defied to get a base for showing morality and law in relation to contemporary Nigeria. So we would deduce after observing various theories of law that

Law is in its own sense, an agent of social control, a formal mechanism for the ultimate aim of causing societal harmony and tranquility.

Read: Arbitration as an Alternative Dispute Resolution Mechanism

NATURAL LAW AND MORALITY IN A RANDOM SOCIETY

In Knuller v. DPP, the judge, Lord Reid posed Viscound Simond’s judgment in Shaw v. DPP as wrong, following judicial precedents over a case involving the release of homosexual instincts through an advertisement. The defendant argued that the advert was meant for adult men who consented to having counterparts in the act to arrange meetings to practice such and not to corrupt public morals via the contra bonos mores- Magazine advertisement or to conspire to outrage public decency - (Section 1(1), Sexual Offences Aft 1967) Reg v. Bhagwan and Section 1, Theatres Act 1968 (Reg v. Calder & Boyars Ltd (1969) 1 Q.B. 151)

On November 10, 1970, at the central Criminal Court, (Judge Sutcliffe) the appellants were convicted of conspiracy tp corrupt public morals firstly snd secondly, conspiracy to outrage public decency (Reg v. Anderson 1972 1 Q.B. 304, Obscene Publications Act 1959). Knuller (Publishing, Printing and Promotions) Ltd was ordered to pay a fine of 1000 on first count and 500 on the second count and thereafter, 500 on costs of prosecution.

Much as the decision of Viscound Simond is widely appreciated in Shaw v. DPP, it was not used in Knuller v. DPP because another person’s moral must not be the basis for judging the others. The question is:

If morality is the basis for criminalizing people, whose morality shall we use? The liberal moralist thinks he is best and the religious moralist thinks so too. The paternalist and legal moralists are not left out. The Holy book aptly says in Matthew 5:48 KJV - “Be ye perfect even as your father which is in heaven is perfect”. It comes to conclusion that no man has moral standards so high that it be used as a measure for others. This is because infallibility is a feature of all, and in that is the morality for every society.
Should morality be legislated in the first place?

Relevance and Admissibility of Evidence in Nigeria

The word relevancy is taken from the adjective, relevant. In itself, relevant is defined by the Black's Law Dictionary as the state of being "logically connected and tending to prove or disprove a matter in issue". This means that for evidence to be considered relevant, it is confirmed as useful to the courts to prove a matter.

In the case of Osolu v. Osolu, the court held that a fact in issue was anything the parties disagree about. In R V Kilbourne, the court noted that relevancy means a fact that is in issue (a crucial issue). In this case,while other circumstances may determine, the fact in issue is a major determinant of what is relevant (Okonji v. Njokanma).

On the other hand, admissibility is a matter of law. Whatever the law says is admissible is admissible. According to the court in Agunbiade v. Sasegbon, facts declared to be admissible under the Evidence Act or other Statute in force in Nigeria are admissible

Phipson: facts which as a matter of logic or experience tend to render the existence of other facts probable or improbable are relevant facts.

In a civil matter, an inadmissible evidence may be rejected but in a criminal matter, an inadmissible evidence must be rejected - Raimi v Akintoye

Step one: an evidence is pleaded.
Step two: the court asks; is this evidence relevant?
Step three: After determining that an evidence is relevant, the court asks; is it admissible?

Nature and Relationship Between Relevancy and Admissibility

The following are a few basic points to know about the nature and relationship

Only relevant and admissible facts should be taken into consideration by the courts -S1, Evidence Act
Relevancy and admissibility both guide the courts on whether to accept or reject a fact/evidence.
Relevancy is a matter of logic while admissibility is a matter of law.
Relevancy is the precursor of admissibility. Meaning that evidence must be relevant before its admissibility is considered- ACB v. Gwagwada. Also in Haruna v. AG Fed, the court noted that admissibility is based on relevance.

In Suberu v. Sumonu, the court noted that a relevant fact may not be admitted on various grounds like:

The evidence appears to be too remote to the fact in issue - Noor Mohammed v. The law (EA, Statute, etc.) renders the evidence inadmissible. E.g. Documents required to be stamped not stamped; Section 22, Stamp Duties Act- Candido Da Rocha V Hussain
Unregistered deed of conveyance- Suberu v. State (2010) Vol. 31 WRN p. 1 at pp 16-17. S308 of the 1999 Constitution evidence relating to immune people, Section 1(b) EA
Where the interest of justice demands.
Where it would be contrary to public policy to admit such evidence.
Where the evidence was illegally obtained and the court wishes to reject it.

Privacy Policies, Terms, Conditions: Pieces of the Legal Food.

The average online medium would encourage a user to read and accept certain policies, terms and conditions, or provide certain legal interactions between the user and the website. With the common saying, "where there is no law, there is no sin", there is a call for practically, everything that belongs to the digital and internet world to be governed by a policy. As such, it is a clear note that every blog, website, app or digital innovation must have policies that govern it's use.

To form these policies, it's not enough to slap together a few sentences and be off to place it up, or possibly copy sample documents and paste with little or no significant tailored changes. For one, a privacy policy is a legal document that take into account all nuances of law. This discussion shall thus contain reasons why these policies exist and what effect they have on users.

Into the bargain, one reason why digital policies are advised to exist on internet platforms includes that a digital policy builds Trust in such innovation, blog, business, app or website. When a user sees a privacy policy, whether or not they read it, there is a subconscious belief and trust. Some websites display privacy safe trust seals in digital images to show visitors an up-to-date privacy policy. This is proven to have increased the level of trust between online businesses and their visitors. It also gives the visitor, peace of mind and security because, by explaining what you do with their personally identifiable information (PII), they feel comfortable, stay on your site longer, and may refer their friends and family to join your online platform.

Various states, countries, as well as organizations, require you to display a policy if you collect, store, use or share personal data like emails, names, or payment info. You need to explain what you plan to do with your visitors' and customers' personal data. As a consequence of running a platform without a comprehensive privacy policy, you risk the probability of being sued. In recent times, Facebook, Google and many more companies have all faced lawsuits over questionable privacy policies.

For facebook, a more recent case was the questioning where none of them seemed to really understand the issues to the full. They kept asking the same questions, paraphrased and Mark kept repeating himself. Senator John Kennedy said, "I don't feel we are connecting, Your user agreement sucks." Mark, calm and respectfully answered all the while. Senator Dick Durbin also asked,

"Would you be comfortable sharing with us the name of the hotel you stayed in last night?" the 72-year-old asked.

Mr Zuckerberg paused for a full eight seconds, chuckled and said, "Um, uh, no,"

The Senator asked again, "And "if you've messaged anybody this week would you share with us the names of the people you've messaged?" .

Again, Mark said, "Maybe not here in the public."

"I think that might be what this is all about," said Durbin, "Your right to privacy, the limits of your right to privacy, and how much you give away in modern America in the name of connecting people around the world."

Regulations are coming to the Social Media scene concerning privacy and user data. The problem is, if they are going to be the RIGHT regulations? Mark possibly fears OVER-REGULATION. These regulations, if adverse, may affect the guy who is presently thinking of the next Facebook, and especially trying to disrupt Social Media via Blockchain technology.

Mark also mentions that "There will always be a free version of Facebook". We may infer that a paid version is in the works- Like a no-ads pro version, bring more privacy issues to the table.

Digital policies also fulfill third-party requirements. Companies like Google and Apple require that you display a privacy policy on your website or app to certify their relations with you. Now, if you do not plan to personally collect sensitive personal data, using a third-party service to collect data or display ads, like Google Analytics or Adsense, still means that you're collecting personal information and the user has a right to be informed. If app users can't find your privacy policy for whatever reason, your app could be suspended or terminated. In some nations, hefty fines are another consequence, often enforced for not displaying an active privacy policy

Differentiating Privacy Policies, Terms, Conditions, Refund Policies and Licences.

Privacy Policy

A Privacy policy is a document that states what you plan to do with information that is not publicly available (this includes IP address, JavaScript status, flash version, etc.) It describes what data you collect from your users and how you use such data. A " privacy policy" differs from a "terms of use". It is your disclosure to your website users about how you collect and use their personal information. Some states, as California, require that you make this disclosure with an Online Privacy Protection Act that requires all website operators that collect "personally identifiable information" to post a privacy policy on their websites. As such even if your business is not based in California, unless you block all California users from your website, it is highly likely to be visited by California residents and therefore subject to "privacy policy" requirements.

Why Have Your Own Privacy Policy and Terms of Use?

While your web developer can supply your website with standard terms of use or a standard privacy policy, they are drafting contracts with your site users and it is unlikely that it will be tailored to suit your business. Web developers may simply copy terms of use and a privacy policy from another website and so are by no standards, supposed to create a policy or terms of use document for you.

For instance, if the privacy policy states that you do not share PII with anyone else, but your business model includes a joint venture with another company with whom you share your database, then you have violated your own privacy policy and could be subject to a claim of breach or misrepresentation. Also, you might use a privacy policy that states that your website collects cookies (a piece of information about a user) when your website does not, thus, discouraging some users from using your website.

Terms of use and privacy policies are copyright-protected documents. In other words, it is thus illegal to copy them without permission. If your agent - web developer or employee - copies the policies, you are legally responsible for their acts. For example, Piggybank and Cowrywise are online savings platforms in Nigeria. If Cowrywise copies Piggybank's Privacy policy and terms of use for her operations, Piggybank has a copyright claim.

Like other contracts, it is best to tailor the terms of use and privacy policy to your specific needs and consult a lawyer experienced in internet law since, the purpose of terms of use and privacy policies is to limit risk, not to increase it.

Terms

"Terms of use" is a contract with users of your website that discusses rules expected of visitors to follow, requirements for submitting comments, posting content or making orders, membership information, disputes jurisdiction issues and provisions to protect you and your company from claims. For example, if users post content on your website, how do you know they have the rights to post that content? The user might steal someone else's photograph, video, song, poem or story and share it with the world by posting it on your website. It is very important that you have a policy in your "terms of use" that lets the true owner know how to reach you if they request removal of that content. It could include a disclaimer stating that each user of your website is solely responsible for whatever content he or she uploads. This policy makes the difference between being liable for copyright infringement or not.

Also, if you don't permit users to post content or comments on your website, "terms of use" are important. If you provide a service or sell goods from your website, you could be subjecting your company to a lawsuit in any state. Let's say you ship a widget to Mississippi and the purchaser gets hurt because of a defect in the widget. Or maybe your customer in Europe is unhappy with your widget. Having a statement in your "terms of use" that any disputes will be decided in Arizona courts can make the difference in whether you end up in court in Arizona, another state, or even another country. Your terms of use could include conditional statements, licensing, and refund policies as the case may be.

Touching refund policies, for websites that permit online exchange and currency transactions, a refund policy may be embedded to include details as to when and when not to refund a visitor based on certain actions. In cases like this, it is usually warned that such visitors enter their card details on only trusted websites with Site Security Lock (SSL) certificates. These sites show a padlock security sign upon load and are usually accompanied with an "http(s)" formula.

Conclusively, Blogs, Websites and online pages generally need these document pieces on their legal plates. Most blogs in this reign believe they could run without these documents, fortunately because the parent hosts, like blogger and WordPress have covered issues relating to privacy. But then, by the law, an extra mile should be taken. If you plan to sell your visitors or customers information, be upfront and state it in your policy. It may send a few people off, but it is better safe than sorry; even if it means losing a few customers. If you collect information without a policy stating what you do with that information, then you could be in some legal trouble. There are disclosure requirements for this type of information and there is essentially no reason not to create and include a privacy policy on your website. The implications of receiving a fine depends on the country/state of where you are located. But regardless of the severity, it just won't be good for business, as it may affect your site integrity.

Introductory Notes to the Law of Evidence

To introduce evidence, the definition, although differently opined, must be established in some wayThe definition of Evidence has been the subject of different formulation by different writers and thought schools..

Phibson (11th Edition) states that Evidenxe is the testimony whether oral, documentary or real which may b3 legally received in order to prove or disprove some facts in dispute.
Professor Cross in his book stated that Evidence is the testimony, hearsay, documents, things and facts which a court will accept as evidence of the fact-in-issue in a given case.
Stephen in his digest stated that Evidence involves the questions, what facts may or may not be proved, what sort of evidence must be given of a fact which may be proved and by whom and in what manner the evidence must be produced by which any fact needs to be proved.
The law relating to evidence is a strange and unruly beast. It is unruly because first, it refuses to fit into any easy structure for analysis and exposition and second, it often adopts the characteristics of an uncharted minefield by which is meant that any set of facts has the potential of throwing up evidential problems, not just of one but of several types, often unforeseen – Steve Uglow
The evidence of a fact is that which tends to prove it – something which may satisfy an inquirer of the fact’s existence. Courts of law usually have to find that certain facts exist before pronouncing on the rights, duties and liabilities of the parties, and such evidence as they will receive in furtherance of this task is described as “judicial evidence” – Tapper C
What we are concerned with is the process of presenting evidence for the purpose of demonstrating an asserted fact. In this process then, the term evidence represents any knowable fact or group of fact, not a legal or logical principle, considered with a view to its being offered before a legal tribunal for the purpose of producing a persuasion, positive or negative, on the part of the tribunal, as to the truth of a proposition not of law or of logic, on which the determination of the tribunal is to be asked – Wigmore
Akinola Aguda, the reknown Nigerian jurist and author of blessed memory, in his book, Law of Evidence, he agreed further that sometimes, the word evidence is used in connection with admissibility. In his words, “sometimes the word evidence is used in connection with admissibility, for example, when it is said that something is not evidence, it may mean that the thing is not admissible”

If a thing is self evident, it does not require evidence. What therefore is evidence? Simply put, it is the means by which any matter of fact, the truth of which is submitted to investigation may be established or disproved. Evidence is therefore necessary to prove or disprove an issue of fact

Classification of Evidence

Oral Evidence
Documentary Evidence
Real evidence
Circumstantial Evidence
By Real Evidence
Proof by Electronic Gadgets (Abacha's coup trials 1997)
Direct Evidence
Hearsay Evidence
Primary and Secondary Evidence
Official Evidence

In all these classifications of evidence, there are exceptions which shall be treated one after another.

Things done or events which occurred – res gestae

What then is the Fact?

Fact in issue is what the court is called upon to adjudicate on. Under the Evidence Act, a fact includes

Anything, state of things or relation of things capable of being perceived
Any mental condition of which any person is conscious (S2(1) Evidence Act, CAP 112 LFN 1990)

Putting it more succintly, a fact is anything which is subject to perception or consciousness. The perception could be through any one or more of the senses. In other words, a fact is anything you have "heard", touched, perceived through odour or seen e.g a fire outbreak

The Evolution of the Effigy of Justice

As one major role of law in society is to uphold justice, the significance of the effigy of justice would mean to symbolise justice itself, its meaning and what it represents in the society today. As seen in many courts and judicial premises, Faculties or law and every point that there is a heavy presence of legally inclined individuals, the effigy has its history, meaning and representation in the society.

By origin, the goddess of Justice evolved to be the present day statue called the ''effigy''. History accounts in ancient Egypt, Greek and Roman records have slight relationship to its existence.

In Ancient Egypt, the lady of Justice was called ''Ma'at''. She is depicted by a lady with a sword and an Ostrich feather in her hair. In this account, she carries no scales, symbolizing the truth and justice. The term ''magistrate'' is derived from ''Ma'at'' because she assisted Osris in the judgement of the dead by weighing their hearts. Osiris was the Ancient Egyptian god of the dead and resurrection into eternal life. He was the ruler, protector, and judge of the deceased.

To Ancient Greeks, the lady of Justice was referred to as Themis, meaning ''order''.

She originally organized communal affairs of humans and the talent of prophecy and foresight into the future. She soon became an oracle at Delphi. In the Greek classical representation, she is represented as an effigy without blindfolds. They believed that there was no need for blindfolds because of her prophecy and foresight. She also did not hold swords because Greeks believed in common consent and not coercion.

For Rome, the Romanian order calls the goddess of Justice, ''Justitia'', also meaning justice. She is portrayed as evenly balancing both scales with a sword and blindfold. She sometimes carried a fasces (a bundle of rods around an axe to symbolise judicial authority) in one hand and a flame in another to represent truth.

In analysis, Ma'at represents truth, balance and order while Themis represents wisdom and good advice. Justitia also represents virtue, prudence, fortitude and temperance. By these, the personality of the effigy as a woman is due to the story from earlier civilisations where they had to fight hard for civl rights. In this search, feminism and other schools that preached proper representation were birthed.

As an allegorical representation of the moral force in the judicial system, the effigy has its Scales of Justice. These weight scales are just as useful in law as they are in commerce to weigh goods and determine sizes. The scale is seated at the left hand of the effigy to weigh evidence, the truth and lie. This is to help determine decisions and is significant in validating the ratio-decidendi in any case.

A blind man sees nothing. He is just as a man with a blindfold around his eyes. The effigy also has a blindfold running through to cover her eyes. This signifies objectivity in judgement, meted out without fear or favour and the absence of impartiality in judgement. However, just as sharp as every other sense, the insight is necessary (though the eyes are blindfolded) in every matter. This simply means that the blindfold (impartiality) should not make the judge blind (impair) justice by denying insight and a proper look in any case.

The Sword on another hand is an instrument used in war. Held by the right hand of the lady of Justice, it signifies punishment, coercion and correction. These are backings of the law. In war, the sword crushes any opposition as long as the bearer skillfully pilots it. In the same sense, the sword of Justice crushes any form of injustice.

Also, Lady Justitia’s bare feet shows the humility that is intrinsic to the legal profession. On proper observation, her feet are without shoes to properly depict humility. This is why it is a general believe that lawyers are not proud but noble.

Another feature is the woman. By metamorphosis, a young lady grows into a woman. The feminine nature is known to be represented with utmost care. The lady of Justice signifies care towards anyone who seeks redress and proper address in the court. She tries to show that the court will always provide solace when one’s rights are breached in any case and particularly show that justice will always take its course.

Lady Justitia’s pouch is found at the back of the figure of the effigy. The pouch has two significances as put. Some schools of thought believe that it represents the entitlements of the lawyer in a case while others believe it to be the knowledge and reasoning of a lawyer in the case.

The white flowing robe is another feature of the effigy of Justice that signifies transparency and righteousness in any cause. White symbolizes purity and righteousness in justice and as such, judgment must carry these two principles. The white robe is also a flowing one to signify continuity in upholding justice which is the cause of the law.

The crown is the last feature of the effigy. Sitting on the head of the lady of Justice, it portrays the supremacy of the law and that everyone is subdued by it. It shows the essence of the rule of law and it taking due course in any case of arbitration.

In total relevance, the effigy of Justice has contributed in no mean measure to the development of the legal society, interpreting in its own way, the essence of law.

The numerous beliefs that surround the existence of today's world form a myriad of complexities that have punctuated our evaluation of this world. In environmental prospects, what then does the earth hold for us?

Read: Arbitration as an Alternative Dispute Resolution Mechanism

The Green Earth Evolution...

What Differentiates a Joint Venture Agreement from a Partnership Deed?

A joint venture is a contractual agreement that joins together, two or more parties for the purpose of executing a particular business. In joint ventures, all parties agree to share the profit and loss of the enterprise. A joint venture is also an association of two or more persons formed to carry out a single business enterprise for profit in which they combine their property, money, efforts, skill, and knowledge.

Joint Venture Agreement & Partnership Deed

The contributions of the respective parties may not be equal, however, there must be some contribution by each party to promotes the enterprise. A joint adventure is not created by operation of law. The existence of a joint venture gives rise to a fiduciary or confidential relationship. The existence of a joint venture is a question of fact that has to be decided according to the facts and circumstances of each case. The elements of a joint venture include:

A community of interest in the performance of a common purpose;
Joint control or right of control;
A joint proprietary interest in the subject matter;
A right to share in the profits;
A duty to share in the losses which may be sustained.

Partnership on the other hand is an association of two or more persons to carry on as co-owners of a single business enterprise for profit. Generally, there exists no essential difference between a joint venture and a partnership. It can be seen that a joint venture is considered as a form of partnership. However, a joint venture and a partnership are two separate entities, different from each other because:

A joint venture can be two or more companies joining together in business, but in a partnership, it is individuals who join together for a combined venture.
A partnership will last for many years so long the parties involved have no differences. While a joint venture company will last for only a limited period until their goal is achieved.
The members in a partnership can claim a capital cost allowance as per the partnership rules. Whereas, joint ventures can use as much or as little of the capital cost allowance.

In a partnership, members cannot act according to their wishes because they do not have any individual identity but a member of a joint venture can retain the identity of his/her firm or property.

A joint venture is a contractual arrangement between two companies that aims to undertake a specific task. Whereas, a partnership involves an agreement between two parties wherein they agree to share the profits as well as any loss incurred.
In partnership, the parties are co-owners of the business and their aim is making a profit. In a joint venture, it is not just profit that binds the parties together. Joint ventures can be formed for specific purposes like research and development which will be expensive in nature andimpossible to take the same individually.
A joint venture is generally considered to be a partnership for a single transaction. It is a less formal relationship than a partnership.
The rights and liabilities of joint ventures are governed by the principles applicable to partnerships.
Joint venture is generally more limited in scope and duration and the parties can be held jointly and severally liable for each other’s wrongful acts, but it must have the elements of a partnership. If a criminal act is committed through a partnership, the culpable members of the partnership are held criminally responsible, rather than the partnership itself.

Africa: Dancing Customs and the Common Law

The prevailing consequences of the conflict between various local customs in Africa and the common law of England seems to be beyond the expected...

With the COVID-19 Pandemic that hit the world in surprise causing lockdowns in 2020, the legal scene has had its bite of the strange meal. Like other sectors, the legal space too is finding its feet and adapting to this world change. The question only lies to how far this would be.

Virtual Courts

Robots Replacing Lawyers

Digital Processes