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 […]
OFFER IN CONTRACT & Invitation to Treat (Definitions, More) NG
N.B. This article is particular to Nigeria. OFFER An offer may be defined as a definite undertaking or promise made by one party with the intention that it shall become binding on him (the maker) as soon as it is accepted by the party to whom it is addressed. The person making the offer is known as […]
Contract in Law: Definition and Classifications (NG)
N.B. This article is particular to Nigeria. Definition of Contract A contract can be defined as an agreement which the law will recognize as affecting the legal rights and duties of parties. Tobi JCA defined contract thus: “An agreement between two or more parties which creates reciprocal legal obligations to do or not to do particular things”. […]
Historical Theory of Law: Meaning, Explanation, Arguments for and against – Inioluwa Olaposi
German Historical School of Jurisprudence The Historical theory of law argues and states that law should be a product of the custom of the society. As we can simply derive from the meaning of the word ‘history’ – the Historical school of jurisprudence is of the opinion that law should be a restatement of the […]
Difference between Procedural and Substantive Justice
THE DIFFERENCE BETWEEN PROCEDURAL JUSTICE AND SUBSTANTIVE JUSTICE Some terms can be really confusing, but a close view will help. This post seeks to explain the difference between procedural justice and substantive justice. First and foremost, it is expressly important that we get a grasp of what is meant by justice. Then, we can be […]
Meaning of Motion, Prayer, and Summon in law with examples
Meaning of Motion, Prayer and Summon in Law Motion, prayer, and summons are common terms in the legal circle. They are of different meanings and distinct usage. This post addresses their basic meaning of motion, prayer, and summon in law. Meaning of Motion in Law I once heard a story of a person, an engineer […]