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Periodical article | Leiden University catalogue | WorldCat |
Title: | Natives and businessmen in british colonial Africa: some problems in the law of contract |
Author: | Marasinghe, M.L. |
Year: | 1974 |
Periodical: | East African Law Journal |
Volume: | 10 |
Issue: | 2 |
Pages: | 213-241 |
Language: | English |
Geographic terms: | English-speaking Africa Great Britain |
Subjects: | colonialism law of contract |
Abstract: | With the reception of the common law, the legal principles that mistake, duress, coercion etc. are grounds upon which contractual obligations may be set aside, became a part of the law of the former British dependencies in Africa. In addition to these categories, 'illiteracy' has been added. Despite the advent of independence, Nigeria has retained her Illiterates Protection Law, which is in line with the laws of Ghana. The Gambia and Sierra Leone. Kenya and Tanzania have, however, repealed the laws restricting the freedom to contract among the 'natives'; Uganda still has the Illiterates Protection Act, but that Iwa is not often applied. The colonial policy behind the laws discussed in the article, suggests a common aim of maintaining control over the economic destinies of the native population. Sections: Introduction - The West African scene - Summary of the West African position - The East African scene - Conclusions. Notes. |