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Learning The Law Series; Who is Your Neighbour in Law?

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On today’s Learning The Law series, we would be taking a look at the Neighborhood principle; who is regarded as your neighbour in law. We would be analyzing the case of Donoghue v Stevenson which is the locus classicus for this famous legal principle and upon which the foundation of the modern tort of negligence was built upon.

Donoghue v Stevenson is a famous case in English law which was instrumental in shaping the law of tort and In particular, the doctrine of negligence. This case established the ‘neighbour principle’ which postulates that to establish a duty of care, a defendant owes a duty of care to their neighbours. Your neighbour, therefore, is someone so closely and directly affected by your act that you ought reasonably to have them in your contemplation as being affected when you are directing your mind to the acts.

The sub-principles propagated by this case are that negligence is distinct and separate in tort; secondly, there does not need to be a contractual relationship between parties before a duty of care will be established; thirdly, manufacturers owe a duty of care to the consumers who they intend to use or consume their products.

Here is the summary of the case:

On August 26 1928, Mrs Donoghue’s friend bought her a ginger beer from a  Café in Paisley, a small town in Scotland. She consumed about half of the bottle when she noticed an unfamiliar substance inside the beer and decided to pour out the remainder of the contents into a cup. When the remainder of the ginger beer was poured into a cup, a decomposed snail was seen floating inside.

Mrs Stevenson, having consumed a substantial amount of the beer, fell sick as a result of it. She decided to sue for damages but she was not able to make a claim through breach of warranty of contract since she was not a party to any contract.

She, therefore, commenced an action against Stevenson, the manufacturer of the ginger beer. The case made its way up to the House of Lords.

The issue for determination before the House of Lords was if Mr Stevenson, the manufacturer of the ginger beer owed Mrs Donoghue a duty of care in the absence of contractual relations contrary to established case law.

The House of Lords held that Mr Stevenson, the manufacturer, owed a duty of care to Mrs Donogue, a duty which was breached because it was reasonably foreseeable that failure to ensure the product’s safety would pose a health risk to consumers. There was also a sufficiently proximate relationship between consumers and product manufacturers.

Therefore, the consumers of products are neighbours to the manufacturers and the manufacturers must exercise a duty of care to them to make sure that they do not get harm from using or consuming the products.

Donoghue v Stevenson [1932] AC 562 

Japan Signals more Web3 Promotion Policies are to come

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Web3, the decentralized web that aims to give users more control over their data and identity, has been gaining momentum in recent years. The emergence of blockchain, cryptocurrencies, decentralized applications (dApps), and non-fungible tokens (NFTs) has created new possibilities for innovation, creativity, and social impact.

Japan, as one of the leading countries in technology and innovation, has been paying close attention to the development of web3. The government has been supportive of the web3 ecosystem, recognizing its potential to foster economic growth, social inclusion, and digital sovereignty.

In fact, Japan has been one of the first countries to introduce a legal framework for cryptocurrencies and digital assets, as well as to establish a self-regulatory organization for the industry. The government has also been actively engaging with the web3 community, hosting events, supporting research projects, and launching initiatives to promote web3 adoption and education.

Policy 1: The Blockchain Strategy

In March 2020, the Japanese Cabinet approved the Blockchain Strategy, a comprehensive policy document that outlines the vision, goals, and actions for promoting blockchain technology in Japan. The Blockchain Strategy aims to make Japan a global leader in blockchain innovation, by fostering a conducive environment for blockchain research, development, and adoption. The Blockchain Strategy has four main pillars:

Enhancing the competitiveness of Japan’s blockchain industry.

Developing human resources and fostering collaboration.

Creating social value and solving social issues with blockchain.

Establishing a sound legal and regulatory framework for blockchain.

Some of the specific actions under the Blockchain Strategy include:

Supporting the establishment of a self-regulatory organization for blockchain service providers.

Promoting the use of blockchain in public services, such as digital identity, voting, and social security.

Encouraging the development of blockchain standards and interoperability.

Supporting the creation of blockchain hubs and innovation centers.

Providing tax incentives and subsidies for blockchain projects.

Facilitating international cooperation and dialogue on blockchain issues.

Policy 2: The Crypto Asset Business Act

In May 2020, the Japanese Diet enacted the Crypto Asset Business Act, a revised version of the Payment Services Act that regulates crypto asset service providers in Japan. The Crypto Asset Business Act aims to protect users, prevent money laundering, and promote innovation in the crypto asset industry.

The Crypto Asset Business Act defines crypto assets as “property values that can be used for payment or exchange on electronic data processing systems”, and crypto asset service providers as entities that engage in any of the following activities:

Exchanging crypto assets with legal tender or other crypto assets.

Managing users’ crypto assets or providing intermediary services for crypto asset transactions.

Providing information on crypto asset transactions or issuing tokens through initial coin offerings (ICOs) or security token offerings (STOs).

The Crypto Asset Business Act requires crypto asset service providers to register with the Financial Services Agency (FSA), the financial regulator in Japan, and comply with various rules and obligations, such as:

Implementing security measures and risk management systems for crypto asset custody and transactions.

Conducting customer identification and verification procedures (KYC) and reporting suspicious transactions (AML/CFT).

Disclosing information on fees, risks, and dispute resolution mechanisms to users.

Segregating users’ crypto assets from their own assets and entrusting them to a third-party custodian.

Maintaining sufficient financial resources and capital adequacy ratios.

Submitting periodic reports and undergoing audits by the FSA.

The Crypto Asset Business Act also introduces a new category of crypto assets called “Type II Crypto Assets”, which are tokens that have utility or functionality within a specific platform or network, such as Ethereum or Filecoin. Type II Crypto Assets are subject to lighter regulation than “Type I Crypto Assets”, which are tokens that have monetary value or can be used as payment or exchange, such as Bitcoin or Ripple.

Policy 3: The Decentralized Autonomous Organization (DAO) Bill

In June 2021, a group of lawmakers from the ruling Liberal Democratic Party (LDP) submitted a draft bill to the Diet that proposes to recognize decentralized autonomous organizations (DAOs) as legal entities in Japan. DAOs are organizations that are governed by smart contracts on a blockchain, without centralized authority or intermediaries. DAOs can enable collective decision-making, resource allocation, and coordination among members, based on predefined rules and incentives.

The DAO Bill aims to provide a legal framework for DAOs in Japan, by defining them as “organizations that operate autonomously based on rules recorded on distributed ledgers”, and granting them some of the rights and obligations of corporations, such as:

Entering into contracts and owning property.

Suing and being sued.

Paying taxes and fees.

Registering with the government and disclosing information.

The DAO Bill also stipulates some conditions and limitations for DAOs in Japan, such as: Having at least one representative who is a resident of Japan; Having a clear purpose and scope of activities; Having a mechanism for resolving disputes among members; Not engaging in illegal or harmful activities.

The DAO Bill is currently under deliberation in the Diet and is expected to be passed by the end of 2021. If enacted, the DAO Bill will make Japan the first country in the world to legally recognize DAOs as entities and pave the way for more innovation and experimentation in the Web3 space.

One of the most recent examples of Japan’s web3 promotion policies is the announcement of the Web3 Innovation Fund, a 10-billion-yen ($88 million) fund that will invest in web3 startups and projects in Japan and abroad. The fund is a joint effort between the Ministry of Economy, Trade and Industry (METI) and the New Energy and Industrial Technology Development Organization (NEDO), a public research and development agency.

The Web3 Innovation Fund aims to support the development of web3 technologies and applications that can contribute to Japan’s digital transformation and global competitiveness. The fund will focus on four areas: blockchain infrastructure, decentralized identity, decentralized finance (DeFi), and NFTs. The fund will also seek to foster collaboration between web3 startups and established companies, as well as to create a web3 talent pool in Japan.

The Web3 Innovation Fund is expected to launch in early 2022 and will accept applications from both domestic and foreign web3 startups and projects. The fund will provide equity financing, grants, loans, and technical assistance to the selected applicants. The fund will also leverage the network and resources of METI and NEDO, as well as other partners from the public and private sectors.

The announcement of the Web3 Innovation Fund is a clear signal that Japan is committed to supporting the web3 ecosystem and becoming a leader in the decentralized web. Japan’s web3 promotion policies are not only beneficial for the local web3 community, but also for the global web3 movement. By creating a favorable environment for web3 innovation, Japan can help accelerate the adoption and development of web3 technologies and applications that can empower users, enhance social welfare, and create new value.

Nigeria’s Healthcare Startup Clafiya Announces A Raise of $610,000 in Pre-Seed Round

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Nigerian Digital Primary Healthcare startup that connects individuals and businesses to health practitioners, Clafiya, has announced the raise of $610,000 in a pre-seed round.

The pre-seed round saw participation from Angel Investors, Grants, VC funds, and contributions from other investors such as Norrsken Accelerator, Hustle Fund, Voltron Capital, Acquired Wisdom Fund (AWF), Microtraction, Ajim Capital, HoaQ, Bold Angel Fund, Shivdasani family.

Clafiya intends to use the funds secured to introduce a business platform that allows well-meaning businesses to purchase health plans for their employees to keep their productivity levels high. Also, it wants to expand its reach and partnerships, as well as hire great minds and talent.

Speaking on Microtraction’s early investment in Clafiya, Dayo Koleowo, a partner at Microtarction said,

“Clafiya’s mission to provide seamless access to primary healthcare for Africans and the approach to tackling the existing underperforming alternatives was interesting to us at Microtraction. We wasted no time in being their first institutional investor because we were simply impressed by the team’s experience, their go-to-market strategy, and the huge market opportunity identified”.

Also commenting on the recent funds raised by Clafiya, Google’s startup Fund Manager, Olufemi Omoniyi said,

“We are excited to see Clafiya raise this funding, and we are inspired by the team’s commitment to using technology to address a pressing need in Africa. As part of the Google for Startups Black Founders Fund 2022 cohort, Clafiya demonstrated immense potential and dedication in addressing the healthcare challenges faced by individuals and businesses”.

In some parts of the African continent, it is still hard to access healthcare either because of the lack of healthcare personnel or their distance to health centers. Clafiya seeks to eliminate these challenges, by allowing individuals access to affordable healthcare in Nigeria. It connects patients in rural and peri-urban areas to community health workers.

Founded in 2020 by Itoro Inoyo and Jennie Nwokoye, Clafiya is on a mission to connect Nigerians in need of medical attention, to vetted primary healthcare providers who could bring the care services to their homes.

The healthcare startup eliminates the hassle people face in juggling multiple healthcare services and bills, through its comprehensive health plan that gives them access to top-notch care, including specialists, diagnostics, and medication delivery.

As internet connection is not always available in the areas targeted by Clafiya founders, the platform is accessible via a USSD code (*347*58#). Users can then dial the code, register by providing a set of information, and booking primary care anytime they want.

Clarify also eliminates the issue of missing files or misplaced folders, by allowing customers to access and download all their health records, pre-schedule appointments, time and place all on one dashboard.

Starting from Enugu, the startup has offered affordable and quality healthcare services to Nigerians and since then expanded to other cities such as Lagos and Abuja. Similarly, it has grown its team to 24 talented people working to reimagine what healthcare service delivery could look like in Nigeria.

The two-year-old startup makes money from the services they provide to customers (individuals and businesses) and shared profit from its operational partners and HMO. With these, the startup has grown its revenue by 15% month-on-month while increasing its patient’s life expectancy by a similar margin.

The startup partners with Google, Norrsken, The World Bank, Novartis, and several others to give users an amazing experience.

ApeCoin (APE) vs. Alex The Doge (ALEX): Alex The Doge Emerges as the Alpha Cryptocurrency

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Play-to-Earn (P2E) gaming is a new genre that has emerged as a result of the blockchain industry. P2E gaming enables users to take part in gaming challenges and acquire tokens with cash value outside of the ecosystem. A prominent participant in this field is Alex The Doge (ALEX). A decentralized autonomous organization called ApeCoin DAO is in charge of the Ethereum-based coin ApeCoin (APE). We’ll examine both tokens in more detail and contrast their characteristics, tokenomics, and growth potential.

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Alex The Doge

Alex The Doge (ALEX) is a pure P2E cryptocurrency inspired by the Sega legend Alex The Kid. It is created and intended to reignite gamers’ love for classic P2E games while allowing them to earn cryptocurrency and gain access to the digital asset markets. To enable value movement throughout the ecosystem and to provide liquidity for trading, gambling, and security, the Alex The Doge (ALEX) team has integrated De-Fi into the ALEX ecosystem.

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Tokenomics

ALEX is a token built on the Polygon blockchain. The maximum supply of ALEX tokens is 1 billion, and the presale price is 0.0085 USD. During the presale, 349,190,374 ALEX tokens are available for purchase. Alex The Doge (ALEX) NFT’s will be available for minting, with 8,400 NFTs available for the community.

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Apecoin

The Ethereum-based cryptocurrency ApeCoin (APE) is managed by a decentralized autonomous organization under the name of ApeCoin (APE) DAO. APE’s average price dropped from nearly $4.9 to $3.38 in Q2 2023, and its transfer volume also dropped significantly. In the last quarter, APE trade volume was dominated by sharks, which traded for whales (more than $10 million in daily trade) for the first time since APE’s launch.

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Tokenomics

By the conclusion of Q2 2023, APE’s fully diluted valuation had fallen 91% from its all-time high in Q2 2022 to a floor of $2 billion. The unlocking of APE to non-DAO organisations accounts for 5% of the total quantity in circulation. The quarterly price reduction, which saw the average price fall 32% and the fully diluted valuation at the conclusion of the quarter fall 24%, may have been influenced by this amount of selling pressure.

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A Comparison

While both tokens offer decentralized and social aspects, there are notable differences between the two. One major difference is the focus on fungibility and interoperability. Alex The Doge (ALEX) prioritizes the ALEX token as the lifeblood of the ecosystem, whereas Apecoin’s focuses on governance.

Another difference is the potential for growth. ApeCoin (APE) fully diluted valuation has seen a significant drop since its all-time high in Q2 2022. In contrast,Alex The Doge (ALEX) is a new token with a lot of potential for growth and expansion.

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Conclusion

In conclusion, both Alex The Doge (ALEX) and ApeCoin (APE) offer unique features and opportunities for users to participate in P2E gaming, De-Fi, and social trading. However, Alex The Doge’s (ALEX) focus on fungibility and interoperability, along with its potential for growth, make it a more attractive option for those looking to get involved in the world of P2E gaming and crypto.

For more information about Alex The Doge (ALEX) presale use the links down below:

Investors Go Bananas for ApeCoin (APE) As Alex The Doge (ALEX) Presale Gains Even More Momentum

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A brand-new cryptocurrency called Alex The Doge (ALEX), which was created on the Polygon blockchain, is swiftly gaining popularity in the Play-To-Earn gaming and Social-Fi industries. We will delve further into the different facets of the Alex The Doge (ALEX) ecosystem in this post, including its integration with De-Fi, blockchain technology, and tokenomics. We’ll also talk about the causes of the sudden spike in interest in the Alex The Doge (ALEX) presale and the reasons why Apecoin (APE) investors are going crazy.

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Introducing Alex The Doge

A distinctive coin called Alex The Doge (ALEX) was created in honour of the legendary game Alex The Kid. For scalability, performance, and security reasons, it is built on the Polygon blockchain. It is intended to offer a user-owned economy made possible by in-game assets represented by ALEX tokens and NFTs. The MiracleVerse, a virtual gaming environment that is a part of the Alex The Doge (ALEX) ecosystem, allows users to gain rewards through peer-to-peer gaming, De-Fi, and Social-Fi.

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The MiracleVerse: A Digital Gaming World

The MiracleVerse is a digital gaming world where users can participate in P2E gaming challenges and earn tokens with monetary value outside the ecosystem. It is a category of blockchain technology gaming that enables user-owned economies through in-game assets represented by ALEX tokens and NFTs. The Alex The Doge (ALEX) team is working on integrating popular gaming services into the platform to improve interoperability in gaming and unite communities via cross-chain compatibility.

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The Rise of Play-To-Earn Gaming and Social-Fi

Play-To-Earn gaming is a new trend in the gaming industry that allows users to interact peer-to-peer without the reliance on third-party organizations such as exchanges, brokerage firms, and banks. A novel protocol called Social-Fi combines the collaborative advantages of social networking with finance to build decentralised platforms that consumers may use. The Alex The Doge (ALEX) team is focusing on building out each component separately so that the community may engage in social-fi on the Alex The Doge (ALEX) platform. This will enhance user experience and provide a seamless transition between trade, social, and gaming.

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Why Investors Are Going Bananas for Apecoin

Due to Apecoin’s (APE) impressive performance across the board and its potential for future growth, investors are going crazy for the cryptocurrency. The average price of APE decreased by 32% in Q2 2023, while its fully diluted valuation decreased by 24%. On-chain indicators, however, showed some positive trends in the third quarter, and APE’s MVRV index increased. However, in the most recent quarter, APE trade volume was dominated by sharks, which traded for whales for the first time since APE’s introduction. In Q2 2023, APE’s transfer volume also decreased dramatically. The second quarter of APE saw a jump in the number of new APE holders joining the ecosystem, although its popularity remained comparatively low. Despite the quarterly price fall, by the end of the quarter APE’s fully diluted valuation had reached a floor of $2 billion.

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Conclusion

The rise of Alex The Doge (ALEX) is a testament to the growing interest in Play-To-Earn gaming and Social-Fi. The Alex The Doge (ALEX) ecosystem offers a unique digital gaming world, De-Fi integration, and a user-owned economy enabled through in-game assets represented by ALEX tokens and NFTs. Investors are going bananas for Apecoin (APE) because of its potential to disrupt the crypto industry.

For more information about Alex The Doge (ALEX) presale use the links down below: