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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:
ii. Explain a valid and binding contract on infants.
iii. Explain void contracts by infants.
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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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Find Related Questions by Tags, levels, etc.
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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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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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Which of the following is NOT a situation where an offer may be terminated before acceptance?
A. Where the offer is rejected by the offeree outright or by way of a counteroffer
B. When the offer does not bear the signature of the offeror
C. When the conditions attached to the offer remain unfulfilled
D. When the offer is revoked by the offeror, or the offeree makes acceptance impossible
E. When sufficient time has elapsed since the date of the offer to justify the inference that the offeree did not wish to accept it.
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Which of the following does NOT fall under general insurance business in Nigeria?
A. Health insurance business
B. General accident insurance business
C. Fire insurance business
D. Engineering insurance business
E. Motor vehicle insurance business
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Adariri, a mentally-ill person, attended the wedding anniversary of his friend at a hotel in Aba last June. It is a fact that between May and July every year, he is always in a sound mental condition.
Ikena, who also was at the event, took advantage of the free alcoholic drinks provided at the party and was drunk. When Adariri realised that Ikena could no longer control himself, Adariri took Ikena home in Ikena’s new Toyota Prado Sports Utility Vehicle. During the trip, Ikena discussed with, and agreed to sell his Toyota Prado to, Adariri for the sum of N5 million. When Adariri visited Ikena’s home to pay for the vehicle the third day after the party, Ikena refused to sell the car to Adariri on the grounds that he was drunk when he entered into the contract and Adariri, being a lunatic, could not enter into a valid contract.
You are required to advise Adariri and Ikena on the validity of the agreement.
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A statement made by a party to a contract but with a request to the other party to verify the truth of the statement is:
A. Binding on the other party
B. A term of the contract
C. Not a term of the contract
D. A condition of the contract
E. A misrepresentation
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Discharge of contract refers to the means by which a contract is terminated or determined, and parties are generally relieved of their contractual obligations.
Required:
Explain THREE ways by which a contract may be discharged.
(6 Marks)
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