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Legal Implications Of April Fools Day Stunt



If it causes loss and damage to the other person and the court can grant that you who cracked that joke were negligent in your conduct, you would be liable to the tort of misrepresentation and so on and so forth.

The annual event called April Fools Day’ being celebrated world wide has left behind traces of memories. Most times, it is that of humour by jokes being played on friends and well-wishers.  But on some few remarkable  instances, the jokes have proven to exceed the limit leading to some damages on the one on whom such pranks are being played.

The Tide on Sunday sort the opinion of some legal experts on the legal implications of April Fool jokes.

O.C.J. Okocha –(SAN) and former President of Nigeria Bar Association (NBA) had this to say.

The April Fool thing is a prank and practiced by people you call pranksters to crack jokes with their friends and associate. It is a joke and is not supposed to attract any legal consequences.  But if somebody can be said to have knowingly or negligently led another person to incure loss and damages, then that person is liable for tort (the tort of misrepresentation) and so on and so forth.

You see there must be that other elements, negligent of conduct on the part of the person pulling  that joke with friends and associates.  There must be loss and there must be damage caused to the person who acted on the basis of that misrepresentation made by that other person.  That is the legal implication of some times cracking an expensive joke.

If it causes loss and damage to the other person and the court can grant that you who cracked that joke were negligent in your conduct, you would be liable to the tort of misrepresentation and so on and so forth.

Foreseeable damages is what the law recognises. So if  there were not any foreseeable damage on the part of the person cracking jokes and the part of the person who acted on that joke, there can be no liability in law.

On my advice to members of the public, I will ask every member of the public to see it as a joke, as a prank. If somebody says to you ah! Aba is burning and you start rushing to Aba because you have brothers and sisters there and you incure loss and damage, certainly the person who said Aba is burning did not expect that in  the foreseeable

contemplation of  a reasonable man, you will start rushing to Aba because he cracked a joke on April Fools Day  that Aba is burning.

So the law recognises that everybody ought to act advisedly so that what the law does not foresee as reasonable, nobody will find any legal liability.  So members of the public are advised to enjoy the April Fools jokes and avoid incurring loss and damages based on an attempt by a prankster to pull a fast one on them.

Barrister Emmanuel Wilfred-Port Harcourt based legal Practitioner

April Fool is a relics of ourcolonial past.  That is the way I look at it.  We inherited the tradition from our colonial masters and it has never been legalised any day.  Any misinformation  will carry the full brunt of the law.  I don’t think there is any exception on say you are exempted from liability for telling a lie on April Fools Day.

Anybody playing a joke on April Fools Day should be careful of liability that may come out of it.  That is why sometimes, you control the extent of the legal implications. I’m not aware of any law which exempts one from liability for causing injuries to someone because it was done on April Fools Day.  I have not read any case in Nigeria that has caused any injuries to someone because it was done on April Fools Day. I have not read any case in Nigeria that has caused   any injury and was exempted.

I have had April Fool experience. It has always been there especially in the village. For instance “you tell a woman your daughter has returned with goodies and the woman would be excited only for you to say after some minutes oh!, it’s April Fool.

Even this morning, somebody played one on my wife. Oh! I ‘ve bought a brand new car and in the course of her excitement, the person calls back to say its April Fool! You see, he was able to control the impact so that she won’t get excited to the extent that she would incure injuries.  He  quickly called back to say, it’s April Fool before she could go beyond the normal joking limit. I think anybody playing that should also know that any injury caused by the jokes is not exempted by law.

My advice to members of the public like I said, April Fool is a relies of our colonial past, but it became so popular in Nigeria. I think that should be discarded.  We have a lot of jokes in Nigeria and a lot of clowns like the 1000 laughs and so forth. We can play their tapes and laugh over them.  I believe injuries have been caused to people but they never had the courage to take them up or pursue them legally.  So the public should beware of the legal implications.

Origin of April Fools’ Day –

The origin of April Fools Day is rather uncertain. However, the common belief holds that during the reformation of the calendar, the date for the New Year was moved from April 1st to January 1st.  During that time in history, there was no television or radio so words spread slowly.  There was those who choose to simply ignore the change and  those who merely forgot.  These people were considered “Fools” and practical jokes were played on them.  “All Fools’ Day” is practiced in many parts of the world with practical jokes an sending people on a fools errand.

A verson had it that April Fool dates from 1582, the year France adopted the Gregorian Calendar when New Year’s Day shifted from end of March, around the time of Vernal equinox to the first of January.  This became an annual tradition according this version of events, which ultimately spread throughout Europe.

In 1539, Flemish Poet Eduard de Dene wrote of a nobleman who sent his servants on foolish errands on April 1 in 1686. John Aubrey referred the holiday as Fools holy day.

In the eighteenth century, the festival was often posited as going back to the time of Noah.  According to an English newspaper article published in 1787, the day had its origin when Noah sent his dove off too early before the waters had receded. He was said to have done  this on the first day of the Hebrew month that corresponds with April.

In some countries like Nigeria, England the celebrates ends at 12 noon while in Scotland it is 48 hours long.

The English, Scotch and French introduced the custom to their colonies in America and it also  spread to black Africa countries from their colonial masters.

The revolutionary trend in global information dissemination through the mass media and of course, the G.S.M. has brought a twist in the game.  While one can use the GSM to confirm tricky information in the name of April Fool, several anonymous messages have been sent through wireless hand phones without the receiver being able to trace the sources.


Chris Oluoh

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Sunday Extra

Ways To Maintain Healthy Circle Around You




The surprising thing is that all it takes to enhance your relationship with friends and neighbours is respect for their feelings, concern for their property and a helping hand when it’s needed.

Modern life is a lot less conducive to friendships and neighbourliness than it used to be. The average American moves every five years. People drive straight into their garages, hire lawn services, hang out in their backyards instead of their front porches. These days, neighbours don’t even know each other’s names.

Good neighbours and good friends are a lot alike electricity or running water: We don’t know how much we depend on them until we don’t have them. They make our lives more pleasant and give us sense of who we are, both as an individual and as a member of the community. In fact, the authors of a recent book, Refrigerator Rights, claim that refrigerators are gauges of intimate relationships; after all, you wouldn’t snatch a drumstick from the refrigerator of a stranger.

The surprising thing is that all it takes to enhance your relationship with friends and neighbours is respect for their feelings, concern for their property, and a helping hand when it’s needed. Here’s how to nurture your relationships with two types of vitally important people in your life.

Strikes up a conversation over the fence or on the sidewalk.

It’s okay to be the one to break the ice, even if you’ve lived next door for years. Most neighbours enjoy making small talk with the folks on the other side of the fence. So as you see them at work, in their yards or at play in their pool, smile, wave, and say hello. Ask how their kids are, (whether they’re toddlers or in college), whether they could use an extra zucchini from your garden, or what they think of the prices at the local supermarket.

Extend yourself to the new family down the block.

These days, the old Welcome Wagon is a thing of the past. But your new neighbours may be feeling lonely and unsure, especially if they’re far from home, and might appreciate a friendly face bearing fresh baked brownies. If they have kids, tell them where the children in the neighbourhood live. Clue them in to the best places to eat and shop. Invite them over for coffee when they get settled, give them your number and point to your house as you say goodbye.

Be considerate, especially of elderly neighbours.

Return anything that you borrow from a neighbour, such as tools, in good repair and as soon as you’re finished with them. Replace anything that belongs to your neigbour that you, your children, or your pets break or soil. If your neighbour hasn’t brought in his garbage cans yet, roll them back into his yard. Random acts of consideration will have your neighbours talking and the talk will be good.

Invite your neighbours to your next bash or throw one in their honour.

What better way to meet your neighbours than to invite them to an informal barbecue, pool party, or holiday open house.

Better yet, you might even consider throwing a get-to-gether just for them. Deliver the invitations in person to everyone who lives on your street and chat with each for five minutes before moving on to the next house. This way, you will get an idea of what your neighbours are like so that you can plan for appropriate food and music. Be a better friend.

On your computer, at home or at work, make “call friends” a standing appointment. Don’t have a computer? Keep a post it note on the phone, the bathroom mirror, the car dashboard, anywhere you’re likely to see it. Also make sure your friends’ phone numbers are programmed into your cell phone. Then call that friend when you’re stuck in traffic or waiting in line and chat for 10 minutes. Alternatively, schedule a standing once-a-month lunch, same time, same place.

Make time for friendships. Nothing makes closeness fade away than never talking with or seeing each other. While some bonds or friendships may be strong enough to span long silences, most aren’t. If you cherish a person’s friendship, make time for him or her, whether it’s just the occasional phone call or a weekly get-together.

Remember: a true friend doesn’t flee when changes occur. Nothing is sadder for new parents than to find that their single friends have abandoned them because of the baby. The sign of a good friend is one who stays true through it all, marriage, parenthood, new jobs, new homes, the losses. Just because situations change doesn’t mean the person has.

Make sure you aren’t being a burden to a friend.

Friendships fade away if there isn’t equilibrium between the give and the take. Be sensitive to how much your friend can and can’t offer you, be it time, energy, or help, and don’t step over the line and vice versa. Friendships that drain you will not last. If a friendship is out of balance in this way, you’ll need to talk the situation through.

Sweat the small stuff. Yes, there are times when it doesn’t pay to sweat the details, but in a friendship, it’s the little things that count. Notice her new hair-cut. Remember to ask about her mother’s surgery or her daughter’s new baby. And if you’re truly a good friend, you’ll know when she needs some cheering up, a simple arrangement of flowers if you can afford it, a simple card or e-mail if you can’t, it really is the thought that counts.

Be a good listener. It can be the hardest thing in the world to do, to simply listen as he or she pours it all out or is seeking your advice or opinion. To be a better listener, follow this advice:

Maintain eye contact. Offer nods and murmurs that indicate you understand her point of view.

Don’t finish your friend’s sentences. If you catch yourself planning your response while your friend is still talking, gently remind yourself to focus on him.

Minimize distracting, don’t type, open mail, or watch television while you’re on the phone with your friend. Your friend will undoubtedly hear your dis-interest in your responses.

Be careful with advice.

Assume your friend wants vent, not necessarily ask for a plan of action.

Be in her corner if she’s not there to defend herself.

If you’re at a gathering at which someone mentions your friend disparagingly, defend her against gossip or criticism. Say, “Mary is my friend, and it makes me feel bad to hear you talk this way.” Sooner or later, news of your loyalty will travel back to her and it will deepen your friendship.

Culled from Stealth Health.

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Sunday Extra

Ten Mistakes Women Make With Men




Mothers must remember to praise those family members who are consistently helping out. Husbands and children love to hear that their contributions are making a difference.

A client asked me recently, “What do you believe are the most common reasons that mothers are overwhelmed?” I thought about this great question and decided to share with you my response. I’m giving you my top three here. Enjoy!

Mothers are overwhelmed and over scheduled due to the variety of extra-curricular activities that they find themselves in this time of the school year as well as the regular obligations of work, home and volunteer commitments. Today, mothers are no longer multi tasking but instead mega tasking.

If we follow the pattern backwards, it often points directly to the fact that moms never learn how to stop the “Mom-Me” rollercoaster. Here are some common mistakes made by mothers and another course of action they could be taking.

1. Mothers accept unrealistic workloads and allow guilt to drive them to create schedules that don’t work. They fail to delegate family chores effectively and find themselves exhausted by trying to do it all, and then blame themselves when it doesn’t work out.

Action: Mothers need to learn to delegate properly. The reason for delegating work is to get the family to help with. the needs of the family. Delegated projects should always be appropriate to the ability of the child to whom it is given. If the mom is washing dishes after dinner, she has to learn to ask her spouse for help with other nighttime tasks such as bath, bed time or planning for the next day.

2. Mothers fail to create a family culture of support. Children often have chores and have no idea of the value their task has on family living. As a result, family members don’t come to understand that everyone has a vital role of supporting the family this community.

Action: Mothers need to make sure that children understand not only what they are doing but why they are doing it. This builds the esteem of children and teaches them the importance of accountability. Parents need to explain to their children that active families members to lighten the responsibilities to make time for these extra-curicular responsibilities. Often children have no idea of the cost of baseball practice on the family’s schedule.

3. Mothers can be very picky, and rigid in family ex-open to having things approached differently if they want help from the family. The process of involving the family meeting to discuss weekly task and allowing each family member to share their best alternatives for helping. Mothers must remember to praise those family members who             are consistently helping out. Husbands and children love to hear that their contributions are making a difference.          In a nutshell, the happiest mothers are those who learn how to articulate their needs clearly, get help when needed and set realistic boundaries of what they can and can not do. As a “coached mom,” the “mother” has a deep understanding of the five essential strategies for personal self care and these replace the old methods of “Mommy Martyrdom”.

The Essential Strategies for a mother’s Self-Care, discuss the following five tenets of self-Care for moms. They are:

Finding Time

Creating a personal schedule that honors the mother’s values, allowing the mother to set realistic boundaries and allow her to fully enjoy what he commits too.

Finding Meaning

In order for a mother to truly help someone else she must begin by helping herself in order to truly be a wonderful contributor, you must help your self first. Mothers who commit to a reduced life load find that they get more enjoy-ment out of life.

Finding Connection

Motherhood does not completely define us but enhances what already is. This involves understanding that while mothers create the lives of our children they must remember that it is their life too. When mothers establish viable supportive networks to assist them they recognize that they become stronger at parenting.

Finding Solutions

Anytime a mother wants make a change in your life she must begin by raising her standards. She has to decide that she wants more out of her life. Next, a mother must understand she must change what she believes is possible and be willing to try new strategies. She must be open to learning from non-judgmental sources like “mom-coaches” about techniques, solutions and real strategies on creating ways to incorporate what she wants into her life.

Personal Growth

This strategy is aimed at helping mothers make shifts in their lives that leave them changed for the better. Personal growth is recognizing that mothers have the capacity to be more of who they are .

. In short, mothers have to find time for the “Me” in Mom and learn the Five Essential Strategies for a Mother’s Self-care.

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Sunday Extra

Internal Causes Of Stress




Not all stress is caused by external pressures and demands. Your stress  also be self-generated. Internal causes of stress include: uncertainty or worries, pessimistic attitude, self criticism, unrealistic expectations or belief, perfectionism, low self-esteem, excessive or unexpressed anger, lack of assertiveness.

Risk factors for stress

The presence of a stressor does not automatically result in disabling stress symptoms. The degree to which any stressful situation or event impacts your daily functioning depends partly on the nature of the stressor itself and partly on your own personal and external resources.

Stress : How vulnerable are you? 

The nature of the stressors Stressors that involve central aspects of your life (your marriage, your job) or  chronic issues (a physical handicap, living from pay cheque to pay  cheque are more likely to cause severe distress.

A crisis experience

Sudden intense crisis situations (being raped, robbed at gunpoint, or attacked by a dog) are understandably over-whelming. Without immediate intervention and  treatment, debilitating stress symptoms are common.

Multiple stressors or life changes stressors are cumulative, so the more life changes or daily hassles you’re dealing with at any one time, the more intense the symptoms of stress.

Your perception of the stressor

The same stressor can have very different effects on different people. For example, public speaking stresses many out, but others thrive on it. Additionally, if you’re able to see some benefit to the situation the silver lining or a hard lesson lesson learned-the stressor is easier to swallow.

Your knowledge and preparation

The more you know about a stressful situation, including how long it will last and what to expect, the better able you’ll be to face it. For example, if you go into surgery with a realistic picture of what to expect post-up, a painful recovery will be less traumatic than if you were expecting to bounce back immediately.

Your stress tolerance

Some people roll with the punches, while others crumble at the slightest obstacle or frustration. The more confidence you have in yourself  and your ability to persevere, the better able you’ll be to take a stressful situation in stride.

Your support network

As strong network of supportive friends and family members is an enormous buffer against life’s stressors. But the more lonely or isolated you are, the higher your risk to of  stress.

Effects of  chronic stress

Chronic stress wears you down day after day and year after year, with no visible escape. Under sustained or severe stress, even the most well-adjusted person loses the ability to adapt. When stress overwhelms our coping resources, our bodies and minds suffer.

Health effects

Recent research suggests that anywhere from 60 to 90 per cent of illness is stress-related. The physical wear and tear of stress includes damage to the cardiovascular system and immune system suppression. Stress compromises your ability to fight off disease and infection, throws your digestive system off balance, makes it difficult to conceive a baby, and can even stunt growth in children.

Stress and your health

Many medical conditions are caused or exacerbated by stress, including:

Chronic pain, migraines, ulcers, heartburn, high blood pressure, heart disease, diabetes, asthma, PMS, obesity, infertility, autoimmune, disease, irritable bowel syndrome, skin problems and emotional effects.

Chronic stress grinds away at your mental health, causing emotional damage in addition to physical ailments. Long-term stress can even rewire the brain, leaving you more vulnerable to everyday pressures and less able to cope. Over time, stress can lead to mental health problems such as anxiety depression eating disorders, and substance abuse.

Severe stress and trauma

Severe stress reactions can result from sudden, catastrophic events or traumatic experiences such as a natural disaster, sexual assault, life threatening accident, or participation in combat. After the initial shock and emotional fallout, many trauma victims gradually begin to recover from its effects. But for some people, the stress symptoms don’t go away, the body doesn’t regain its equilibrium, and life doesn’t return to normal. This severe and persisting reaction to trauma is known as post-traumatic stress disorder (PTSD).

Common symptoms of PTSD include:

Flashbacks, intrusive thoughts, nightmare about the trauma, avoidance of places and things associated with the trauma,  hypervigilance for signs of danger, chronic irritability and tension, depression. PTSD is a serious disorder that requires professional intervention.

For more information on traumatic experience and how to recover, see Emotional and Psychological Trauma and Posttrumatic Stress Disorder (PTSD).

Managing stress and its symptoms

While unchecked stress is undeniably damaging, there are many things you can do to control it and reduce its effects.

Coping with stress

Following a few simple stress management tips can help you minimize stressors in your life, deal with your stress symptoms in a healthy way, and buffer yourself from its negative effects.

Relaxation techniques for stress relief

Not all stress can be avoided; but when it hits, relaxation techniques such as mediation, deep breathing, and yoga can provide relief.

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