Repugnance to justice and morality, Business Law and Ethics

Assignment Help:

Repugnance to Justice and Morality

However the customary law will be applied only whether it is not repugnant to justice and morality.Even though the Act needs the phrase "and" in relation to "justice and morality" well it appears that "or", rather than "and", was intended.As there in MARIA GISESE ANGOI v MACELLA NYOMENDA when see Civil Appeal number 1 of year 1981 being the judgement of Aganyanya J. delivered at Kisii on date 24/5/1982 the High Court held that Kisii customary law that allows a widow who has no children or who only has female children to enter within an arrangement with a girl's parents and take the girl to be her wife and then to choose a man from amongst her late husband's clan who will be fathering children for her that is the widow, was repugnant to justice  its means it denied the alleged wife the opportunity of freely choosing her partner.

So here the Court refused to tagging on the custom and declared which there had been no marriage between the appellant and the respondent. Since a rule of customary law that might be declared to be repugnant to morality is the Masai custom which a husband returning home and finding an age-mate's spear stuck on the entrance to his hut, because of informing him such the owner of the spear is at the moment having an affair into his wife and he should not interrupt or conjugate.  Whether the husband cannot take divorce proceedings under Masai customs against his wife for adultery.  Thus in the event of such a declaration then a Masai man would be able to petition the court to divorce on the ground of the wife's adultery at common law.


Related Discussions:- Repugnance to justice and morality

Determine the cash flows of the swap, Question : (a) Show how a party c...

Question : (a) Show how a party can terminate a forward transaction prior to maturity? (b) Suppose a forward Rate Agreement that: Expires in 30 days Is based on a n

Determine the role of policy entrepreneurs, Determine the role of Policy en...

Determine the role of Policy entrepreneurs These couplings are made, Kingdon argues that policy "entrepreneurs" brokers or middlemen, known as Policy entrepreneurs, play a key

Confidentiality agreements, A prominent Golfer was caught allegedly cheatin...

A prominent Golfer was caught allegedly cheating on his wife. The evidence consists of emails and text messages from alleged paramours. The golfer has major endorsement contracts w

Business law for commercial transactions, (These are short answer assignmen...

(These are short answer assignments; just a few paragraphs for each part is all that is required) Assignment 1: Discussion Questions In this assignment, you will research and appl

Relationship between morality, Question 1: (a) Distinguish social acco...

Question 1: (a) Distinguish social accounting from conventional (financial) accounting. (b) Discuss the practical and moral reasons for organizations to engage in social a

Disclosed principal, Disclosed Principal - Relations between Agent and Thir...

Disclosed Principal - Relations between Agent and Third Party Whether the agent acted to a disclosed principal through informing the third party such he was an agent acting to

Formation of contract - law of contract, Formation of Contract - Law of Con...

Formation of Contract - Law of Contract However a legally binding agreement prepared between two or persons or more parties.  Whereas it has also been explained as a promise o

Court access and power, American citizens can utilize their Courts only und...

American citizens can utilize their Courts only under certain conditions and circumstances. That is, there are both formal and informal "barriers" to access the legal system.

Liability - company secretary, Liability:             The secretary is...

Liability:             The secretary is an officer of the company and thus he owes fiduciary duties to the company which are similar to those of a director, eg. he must act in

Legal status - promotion, Legal Status:  A promoter is not an agent o...

Legal Status:  A promoter is not an agent of the company he promotes.  However, the English courts have held that he stands in a fiduciary relationship to the company he promo

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd