N.B. This article is particular to Nigeria. Exception Clause in Contract An exception or exclusion clause is a contractual stipulation purporting to exclude the liabilities of one of the parties in the contract. In exception clause, one party to a contract seeks to keep his right but reduces his obligation. Where a standard form of contract is…

N.B. This article is particular to Nigeria. TERMS OF CONTRACT After the preliminaries of Negotiations, which culminated into offer and acceptance with the requisite intention to create legal relations, the next important thing is the main body of the contract. The terms are items that are well articulated and agreed upon by the parties. Whether a contract…

N.B. This article is particular to Nigeria. Intention to Create Legal Relations Arguably, this is also one of the elements of contract. The parties must have intended to enter into a legally binding arrangement before such contract can be enforceable, otherwise, the court will lack the jurisdiction to entertain such matter. Professor Williston argued that animus contrahandi…

N.B. This article is particular to Nigeria. Promissory Estoppel in Contract This doctrine is to the effect that when a party by his word or conduct makes a promise to another party with the intent to be acted upon by that other party, and in fact, acted upon, the promisor will not be allowed to go back…

N.B. This article is particular to Nigeria. Variation of Contractual Rights As a general rule, where a party under a contract performs or promise to perform less than his obligation in full discharge of the contract with the consent of the promisor (the other party), this does not discharge the promisee from the contract and the promisor…

N.B. This article is particular to Nigeria. Performance of an Existing Duty as Consideration in Contract Whether or not performance of an existing duty will constitute good consideration may largely depend on the nature of that duty. There are 3 basic types: 1. Duty Imposed by Law Generally, a party cannot enforce a promise made to him…