Showing posts with label law of contract. Show all posts
Showing posts with label law of contract. Show all posts
Tuesday, March 24, 2015
Parties are bound by the contract they voluntarily entered into and cannot act outside the terms and conditions contained in the contract and neither of the parties to a contract can alter or read into a written agreement a term which is not embodied in it.
A court must treat as sacrosanct the terms of an agreement freely entered into by the parties as parties to a contract enjoy their freedom to contract on their own terms so long as same is lawful. The terms of a contract between parties are clothed with some degree of sanctity and if any question should arise with regard to the contract, the terms in any document which constitute the contract are the invariable guide to its intrepretation.
A.I.B. Ltd v. I.D.S Ltd (2012) 17 NWLR (Pt.1328) 1; Lagos State Govt. v. Toluwase (2013) 1 NWLR (Pt.1336) 555
Omega Bank (Nig) Plc v O.B.C ltd (2005) 8NWLR (Pt. 928) 547;
BFI Group Corp v. B.P.E (2012) 18 NWLR (Pt.1332) 209
Dapsan v. Mangu LGC (2013) 2NWLR (Pt.1338) 203
Saturday, October 17, 2009
On What constitutes a contract
A contract is an agreement between two or more parties which creates reciprocal legal obligation or obligations to do or not to do a particular thing.For a valid contract to be formed,there must be mutuality of purpose and intention.The two or more minds must meet at the same point,event or incident.They must not meet at different points,events or incidents.They must be saying the same thing at the same time
On ingredients of contract
There are five ingredients that must be present in a valid contract.They are offer,acceptance, consideration,intention to create legal relationship and capacity to contract.All these five ingredients are autonomous units in the sense that a contract cannot be formed if any of them is absent
N.B For a contract to exist in all the five ingredients must be present
N.B For a contract to exist in all the five ingredients must be present
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