Legal Parlance

differences between an agreement and a deed

Differences Between an Agreement and a Deed

Differences Between an Agreement and a Deed The above mentioned topic is very germaine especially when dealing with people that has little or no knowledge of law. It will also be important to consider when it will be necessary to use any of these instruments or documents as the case may be. AGREEMENT An agreement …

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capacity to contract

Capacity to Contract

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 enter into a contract under …

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terms of contract

Terms (or Content) of Contract

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 is orally or partly in …

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intention to create legal relations

Contract: Intention to Create Legal Relations

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 which is another name for …

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Promissory estoppel in contract

Promissory Estoppel in Contract (conditions for application)

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 on his word. It is …

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variation of contractual rights

Variation of Contractual Rights in Contract

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 can come back to demand …

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performance of an existing duty in contract

Consideration in contract: Performance of an Existing Duty

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 in return for his performance …

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Nonjusticiability of chapter 2 of the Nigerian Constitution

Justiciability of Chapter II of the Nigerian Constitution

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 …

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Consideration in contract

Consideration in contract: Definition of Consideration & More

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 in the eye of the …

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