Topic: Law of Contract

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BL – Nov 2020 – L1 – SB – Q6b – Law of Contract

Define express terms, implied terms, conditions, and warranties in a contract.

Contractual agreements usually contain terms that are different in nature and importance.

Required:
Define the following terms:
i. Express terms
ii. Implied terms
iii. Conditions
iv. Warranties

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BL – Nov 2020 – L1 – SB – Q4b – Law of Contract

Define material fact in insurance and list exceptions to disclosure duty.

A contract of insurance is a contract of utmost good faith.

Required:
i. Explain briefly the term “material fact” in a contract of insurance.
ii. State THREE exceptions to the duty of disclosure of material facts.

 

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BL – Nov 2020 – L1 – SB – Q3b – Law of Contract

Explain the capacity of specific individuals to contract, focusing on drunkenness, insanity, and infant contracts.

i. Capacity to contract is an important element of a legally enforceable contract.

Required:
Explain the capacity of the following persons to enter into a contract:

  • Drunken person
  • Insane person

ii. Explain a valid and binding contract on infants.
iii. Explain void contracts by infants.

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BL – Nov 2020 – L1 – SB – Q3a – Law of Contract

Discuss how courts assess intent to create legal relations and advise on breach in social and commercial contexts.

i. A contract may be enforced if the parties have an intention to enter into a legally enforceable agreement.

Required:
Explain ONE way by which the courts determine whether or not the parties to an agreement have an intention to create legal relations.

ii. Case Scenario:
‘A’ and ‘B’ entered into an agreement to meet at a gym for their daily physical fitness exercises. ‘B’ forgot about the agreement and kept ‘A’ waiting endlessly. ‘A’ is furious and intends to sue ‘B’ for breach of agreement.

Required:
Advise ‘A’, stating the legal issue involved.

iii. Case Scenario:
‘A’ is a dealer in textile materials. He sold ten bales of textile materials to ‘B,’ his childhood friend. ‘B’ has refused to pay for the ten bales of materials, arguing that he is a friend of ‘A.’

Required:
Advise ‘A,’ who intends to sue ‘B,’ stating the legal issue involved.

iv. Case Scenario:
‘A’ promised to attend a luncheon organized by ‘B.’ ‘B’ spent a lot of money to prepare for the luncheon. ‘A’ did not turn up as agreed. ‘B’ is aggrieved and intends to sue ‘A’ for the cost of the special dish.

Required:
Advise ‘B,’ stating the legal issues involved.

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BL – Nov 2020 – L1 – SA – Q9 – Law of Contract

Objective question on understanding the nature of legally enforceable agreements.

9. A voluntary agreement between two or more persons, which confers legally enforceable rights, duties, and liabilities on the parties is called a/an
A. Contract
B. Offer
C. Guarantee
D. Warranty
E. Condition

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BL – May 2012 – L1 – SB – Q4B – Law of Contract

Explain the concept of undue influence in contract law.

For a contract to be binding on all the parties to it, it must not be tainted by any vitiating element. Undue influence is one of such vitiating elements.
Required: Explain briefly undue influence as a vitiating element in a contract.

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BL – May 2012 – L1 – SB – Q4A – Law of Contract

Advise on the implications of a contract entered into by a minor.

Samuel, aged 16, is the son of Chief Luke Umeh, a multi-billionaire. Two weeks ago, Samuel drove his father’s 2011 model Jeep vehicle to a car exhibition. At the exhibition, he saw a year 2012 model of the same Jeep and entered into a contract with the manufacturers to buy two of the latest Jeep. The two Jeeps were delivered to Samuel and he drives them to his secondary school to impress his school mates. The manufacturers of the Jeep, Manny Auto Engineering Limited, requested payment for the Jeeps but Samuel refused to pay, claiming that he is an infant. The manufacturers are insisting on full payment for the vehicles by Chief Umeh.
Required: Advise the following parties on the implications of their actions:
(i) The manufacturers;
(ii) Samuel; and
(iii) Chief Luke Umeh.

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BL – May 2012 – L1 – SA – Q17 – Law of Contract

Identify the term for a claim based on the value of work done.

A party to a contract who claims damages on the basis of work done or as much as he deserves, is said to be claiming on:

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BL – May 2012 – L1 – SA – Q16 – Law of Contract

Identify the Latin term that means a person is not bound by a deed due to a misunderstanding.

Non est factum means:

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BL – May 2012 – L1 – SA – Q15 – Law of Contract

Identify the term for withdrawing an offer before acceptance.

Withdrawal of an offer before it is accepted is also known as:

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BL – May 2024 – L1 – SB – Q3b – Law of Contract

State and explain four rules that govern consideration in contracts.

Consideration is an element of a contract.
Required:
State FOUR rules that govern consideration. (6 Marks)

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BL – MAY 2016 – L1 – SB – Q2b – Law of Contract

This question addresses the concept of counter-offer, circumstances that can lead to the termination of an offer, and provides legal advice on a breach of contract case.

b. For a contract to be valid, there must be offer and acceptance, among other
elements.

Required:

i. Explain briefly “Counter-Offer” in the law of contract. (2 Marks)

ii. State FOUR circumstances that may lead to the termination of an offer. (4 Marks)

iii. Esther sold a bale of Ankara cloth to Mama Ope who agreed that she would not sell the cloth above ₦1,000 per piece. Bode bought twenty pieces of the cloth from Mama Ope at ₦1,000 per piece and later resold them at ₦1,500 per piece. Esther wants to sue Bode for breach of contract.

Required:
Advise Esther on her legal rights in this case. (3 Marks)

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BL – MAY 2016 – L1 – SB – Q1b – Law of Contract

This question defines stealing and provides advice on a case involving a financial transaction.

i. Explain briefly the meaning of stealing. (2 Marks)

ii. Onyi collected the sum of ₦40,000 from Ade for the purpose of assisting him to obtain a UK scholarship to study law abroad. Onyi expended the money on his own children’s school fees at Okada High College. Ade did not obtain the UK scholarship and demanded Onyi to refund his money. Onyi did not refund the money. Ade has come to you for advice.

Required:

Advise Ade on what actions he should take to enforce his legal rights. (4 Marks)

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BL – MAY 2016 – L1 – SA – Q12 – Law of Contract

This question identifies which of the listed items is not an element of a valid contract.

Which of the following if NOT an element of a valid contract?
A. Consideration
B. Intention to create legal relations
C. Acceptance
D. Injunction
E. Offer

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BL – May 2015 – L1 – SA – Q18 – Law of Contract

Identify the consideration in a contract of insurance.

The consideration in a contract of insurance is
A. Subrogation
B. Premium
C. Assignment
D. Policy
E. Money

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