Contract: Exception Clause (NG)
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 […]
Terms (or Content) of Contract (NG)
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 […]
Contract: Intention to Create Legal Relations (NG)
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 […]
Promissory Estoppel in Contract (conditions for application)
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 […]
Variation of Contractual Rights in Contract (NG)
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 […]
Consideration in contract: Performance of an Existing Duty
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 […]
Justiciability of Chapter II of the Nigerian Constitution – Inioluwa Olaposi
Justiciability of Chapter II of the Nigerian Constitution Have you ever heard anything about the justiciability of Chapter II of the Nigerian Constitution, 1999, which contains socio-economic rights? Are you aware of the fact that these rights contained in the second chapter of the Nigerian constitution are not enforceable, or non-justiciable? This post is on […]
Consideration in contract: Definition of Consideration & More
N.B. This article is particular to Nigeria. CONSIDERATION IN CONTRACT For a party to be entitled to bring an action on an agreement, he must demonstrate that he contributed to the agreement. It is this contribution that is called consideration. A more comprehensive definition of consideration was given by Lush J in (Currie v Misa) “valuable consideration […]
Termination of Offer in Contract (NG)
N.B. This article is particular to Nigeria. TERMINATION OF OFFER An offer in contract may be terminated by some means. Termination of offer may be by revocation, lapse of time, death of the offerror or offeree, or rejection. 1. By Revocation An offer may be revoked any time before acceptance. The revocation of an offer before acceptance […]
ACCEPTANCE IN CONTRACT (Explanation, Invalid Forms & Communication)
N.B. This article is particular to Nigeria. ACCEPTANCE Another constituent part of a contract is ‘Acceptance’, i.e, for there to be a contract, there has to be an acceptance. In (Zackem Construction Nig. Ltd v. Emmanuel Nneji), the court held thus: “An offer must be accepted in order for a transaction to crystalize into a contract”. Acceptance […]