Capacity to Contract (NG)

N.B. This article is particular to Nigeria. Capacity to Contract Capacity to contract, simply put and given a stringent elucidation, is the competence or ability that a person has to enter into a contract. It looks beyond the purpose of the contact. Capacity to contract is the legal competence or legal ability of a person to validly […]

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 […]