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 2012 – L1 – SA – Q4 – Law of Contract

Identify the type of mistake where parties are mistaken about different things.

The type of mistake which the parties to a contract make when they are mistaken about different things is referred to as:

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BL – May 2012 – L1 – SA – Q3 – Law of Contract

Identify the term in a contract that is fundamental to the agreement.

State the term of a contract which is fundamental and goes to the root of the contract.

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BL – May 2012 – L1 – SA – Q12 – Law of Contract

Identifying when duress renders a contract voidable.

Where a party to a contract was forced to consent to the terms of a contract, such a contract is said to be:

A. Novel
B. Fraudulent
C. Binding
D. Actionable per se
E. Voidable

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BL – May 2012 – L1 – SA – Q11 – Law of Contract

Identifying when a mistake renders a contract void.

Mistake could render a contract void if it was made before the contract was:

A. Concluded
B. Frustrated
C. Registered
D. Paid for
E. Registered with the government

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BL – May 2012 – L1 – SA – Q5 – Law of Contract

Identify which contract is not considered illegal under common law.

Which of the following is NOT an illegal contract at common law?

A. A contract to commit a crime or tort
B. An agreement to solicit for prostitutes
C. A contract to obstruct the administration of justice
D. A contract to supply local goods to a foreign country
E. A contract with an alien enemy during the war

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BL – May 2012 – L1 – SA – Q4 – Law of Contract

Identify the absent element in domestic agreements that makes them non-binding.

Which of the following is absent in a domestic agreement?

A. Capacity to contract
B. Intention to create legal relations
C. Consideration
D. Undue influence
E. Duress

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BL – May 2012 – L1 – SA – Q3 – Law of Contract

Identify which category of person has limited contractual capacity.

Which of the following categories of persons has limited contractual capacity?

A. Nursing mothers
B. Foreigners
C. Minors
D. Retired legislators
E. Ex-convicts

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BL – Nov 2011 – L1 – SB – Q2c – Law of Contract

Identifying and explaining the elements of a valid contract.

State briefly the elements of a valid contract.

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BL – Nov 2011 – L1 – SB – Q2b – Law of Contract

Analyzing the breach of contract claim based on the sale of a car and revocation of an offer.

On 1st of May, Adam saw a car in a local garage with a price tag of N300,000. When he went in to buy it, the garage owner, Bala, laughed and said that the tag must have been wrongly labelled as the actual price of the car was N800,000. However, in the circumstances, he said he would split the difference and let Adam have it for N550,000. Adam asked for time to think about the offer and Bala said he could have three days. Two days later, Adam found out that his friend Chibuzor had bought the car from Bala for N700,000. Adam has decided to sue Bala for breach of contract. Advise Adam.

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BL – Nov 2011 – L1 – SB – Q2a – Law of Contract

Distinguishing between an offer and an invitation to treat.

Distinguish between an offer and an invitation to treat.

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