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Find Related Questions by Tags, levels, etc.
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.
Required:
State the applicable law and advise the parties. (5 Marks)
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Omokaro, a distributor, entered into a contract with Unique Pami Company Limited not to sell their products above ₦25,000 per carton. Umiena bought Unique Pami products from Omokaro below ₦25,000 and agreed with him not to sell the products above ₦25,000 per carton. In breach of the agreement, Umiena is selling Unique Pami products above the ₦25,000 price, and Unique Pami Company is threatening to sue Umiena for the breach of contract.
Required:
State the applicable law and advise the parties. (5 Marks)
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Chief Wadada, a very prosperous trader, recently completed the construction of a mansion in his village and intends to have the house-warming ceremony on New Year’s day. He contracted Exclusive Décor Enterprises to do the interior decoration of the mansion, which must be completed not later than a week before the house-warming.
Exclusive Décor Enterprises moved all the required materials to site on schedule, but a heavy rainstorm ravaged the whole village, flooded the mansion, and destroyed all the materials on site. The decoration could no longer be done until after the New Year’s day when the flood would have receded. Chief Wadada canceled the contract and refused to pay the contract sum demanded by Exclusive Décor Enterprises, who intends to make a claim in court for the payment of the contract sum.
Required:
Advise Exclusive Décor Enterprises, stating the legal issues involved. (8 Marks)
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Find Related Questions by Tags, levels, etc.
Jaffer, who trades in the importation of edible consumables from Cotonou, agreed with Fudu to import and deliver to Fudu in Lagos 50 tonnes of foreign parboiled rice in 50kg bags for a total value of N7 million. Fudu paid an advance of N3 million, with the balance payable on delivery. However, Jaffer sent the bags of rice, which were confiscated by the Nigeria Customs Service at the border, as the Federal Government had banned the importation of rice into Nigeria. Fudu is aggrieved for non-delivery of the consignment and intends to sue Jaffer to recover the N3 million deposit he paid.
Required:
Advise Fudu accordingly, stating the legal issues involved.
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
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