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EXEMPTION CLAUSES ONLY APPLIES WHERE THE CONTRACT IS BEING CARRIED OUT IN ITS PROPER RESPECT

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Pinnock Brothers v. Lewis & Peat Ltd (1956) 2 All E. R. 866, where the Privy Council Per Denning, LJ (as he then was) stated inter alia that: “It is now settled that exempting clauses of this kind no matter how wisely they are expressed, only avail the party when he is carrying out his contract in its essential respects.”

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CONTRACT CREATES RECIPROCAL OBLIGATIONS

A contract is an agreement between two or more parties which creates reciprocal obligations to do or not to do a particular thing. Thus, for a valid contract to be formed, there must be mutuality of purpose and intention. In other words, the two or more minds must meet at the same point, event, or...

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COURT DOES NOT SET CONTRACT FOR PARTIES – IT ENFORCES THE AGREEMENT

No court ever makes a contract for any party or group once the plaintiffs and their followers have agreed to be bound by the constitution of the Movement exhibit 1, they must be prepared to act within its provisions and cannot expect any help from the court to act ultra vires the provisions of what...

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WHEN AGREEMENT IS MADE

An agreement is made where there exists an offer, acceptance, consideration, capacity to contract and intention to create legal relationship. – Niki Tobi JSC. Yaro v. Arewa CL (2007) Was this dictum helpful? Yes 0 No 0...

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OFFER & A COUNTEROFFER

An offer must be unconditionally and unqualified by accepted. Any addition to or subtraction from the terms of the offer is an alteration to the terms and amounts to a total rejection of the offer by the offeree. The terms embedded in the rejection may form the basis for the formation of a new agreement....

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SUCCEEDING IN BREACH OF CONTRACT

In BEST NIGERIA LTD. v. BLACKWOOD HODGE NIGERIA LTD. (2011) LPELR-776(SC) (P.42, Paras.D-E) Per Adekeye, J.S.C. thus: “For a claimant to succeed in an action for breach of contract, he must establish not only that there was a breach but also that there was in existence an enforceable contract which was breached.” Was this dictum...

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WHEN A CONTRACT OF SALE EXISTS

A contract of sale exists where there is a final and complete agreement of the parties on essential terms of the contract, namely the parties to the contract, the property to be sold, the consideration for the sale and the nature of the interest to be granted. Once there is agreement on these essential terms,...

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