Applicable Law- By J. N. C. Dandison

Applicable Law : Definition and Effect

By Judith Dandison

Importance of Applicable Law

The first task a lawyer has to undertake on being briefed is to determine the Applicable Law to the set of facts presented to him. The Applicable Law to a particular situation helps a lawyer to easily ascertain the Area of Law the set of facts falls into. For instance, does the wrong fall into the Area of the Law of Contract, Law of tort, Constitutional Law etc. Through the Applicable Law, a Lawyer can also determine the kind of rights infringed or sought to be enforced, whether they are, Contractual rights, statutory rights etc. Applicable law provide the remedies available to redrress such rights infringed, eg, Damages, Mandatory injunctions, specific performance etc. 

Thus a diligent Lawyer must ascertain the Applicable Law to every set of facts as to be sure of the rights or duties, the appropriate remedies to seek and the proper and foolproof mode of enforcing same. A lawyer may fail in solving his Client's needs by not appreciating the correct Applicable Law from the onset. 

What is Applicable Law?

Applicable Law is the totality of Statutes, ordinances, judicial decisions, executive orders or regulations having the force and effect of law and determining the rights and obligations of the parties in relation to a particular set of facts. It also stipulates the mode of enforcing such rights and obligations.

Change in Applicable Law after the act complained of has been carried out

In determining the Applicable Law to a particular scenario, the Lawyer must consider the Applicable Law in force at the time the cause of action arose and not that which is in force at the time of filing the action. Opuwande V. Ogundiaro Oyedoku (1992) 6 NWLR (Pt. 248) 512. For instance, if Mr. A paid N100,000.00 to Mr. B in April 2008 to supply a set of books to him in May 2008 and Mr. B fails to do so. If Mr. A wants to seek redress for the failure of Mr. B to supply the books in March 2010, then the Applicable Law as at May 2008 will determine the;

a. right accruable to Mr. A in the transaction

b. liability of Mr. B in the transaction

c. remedy available to Mr. A 

d. Mode for enforcin Mr. A's right 

c. defences available to Mr. B etc.

Applicable Law is also divided into Substantive and Procedural Law. This will be discussed in the follow-up this Article.

This Article is written by J. N. C. Dandison, Nigerian based Legal practitioner.