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CONTRACT CASES (COMMERCIAL LAW) – 2

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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TITLE MAIN ISSUES
FRANCIS ADESEGUN KATTO V. CENTRAL BANK OF NIGERIA CONTRACT OF EMPLOYMENT:- Contract of service – Where written or documented – Duty of court not to look outside the terms stipulated or agreed therein in deciding the rights and obligations of the parties – Effect
G. K. F. INVESTMENT NIGERIA LTD. V. NIGERIA TELECOMMUNICATIONS PLC CONTRACT:– Commercial litigation – Claim for damages – Distinction between tort and contract cases – Whether Court does not recognise dichotomy between special and general damages in contract
GALAXIA MARITIME SA V. MINERALIMPORTEXPORT THE ELEFTHERIOS CONTRACT:- Sanctity and privity of contract – Use of Mareva injunction to interfere with performance of contract between shipowner and innocent third party – Whether the third party’s right to freedom of action and freedom to trade should prevail over the plaintiff’s wish to secure the defendant’s assets for himself
GAUMONT-BRITISH PICTURE CORPORATION LTD V. ALEXANDER CONTRACT OF SERVICE:- Breach of – How proved – “Want of mutuality” – Meaning – How determined – When a contract is properly deemed to be against public policy – Relevant considerations
GRAY V. SMITH. CONTRACT:– Parole agreement – Enforcement of – Specific performance – Where pertains to assignment of interest in land/property – When formal memorandum would be required Whether a rough draft of a partner’s agreement to retire and convey equity in land is sufficient to entitle the other partner to specific performance
GRIFFITHS V. EVANS.
HITCHINS AND ANOTHER V. BRITISH COAL REFINING PROCESSES LTD CONTRACT:- Termination of contract – Arbitral decision – Damages and Negligence
HOGAN V. OGUNYEMI CONTRACT:- Lease – Tenant’s responsibility – Whether Landlord’s responsibility can be transferred to tenant
HOLMAN BROS. V. KIGO CONTRACT:- Claim for damages for breach of – Access to court – Relevant considerations
HONGKONG AND SHANGHAI BANKING CORP V KLOECKNER & CO AG COMMERCIAL LAW – CONTRACT:– Right of set-off – Whether parties to contract can contract out of right of set-off – Whether parties can be precluded by contract from claiming right of set-off
HUTCHINSON V. HARRIS CONTRACT Doctrine of entire contract – Damages for breach of contract – How treated
INTERNATIONAL BANK FOR WEST AFRICA LTD. V CRUSADER INSURANCE COMPANY (NIG.) LTD. COMMERCIAL LAW – AGENCY:- Rule that in the absence of fraud, an agent, acting in the course of his duty and within the scope of his employment, binds his principal on his transaction over the business of his employers and it is not the duty of the third parties to prove that the agent has no such authority– Oral assurances by an agent – Onus of proof – On whom lies
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) V. ISMAILA TIJANI OLABODE CONTRACT: Commercial transactions of an international body with diplomatic immunity – Whether can be enforced against it – Whether its officials who enjoy diplomatic immunity can be made parties to such proceedings
J N NABARRO AND SONS V. KENNEDY CONTRACT:Privity of contractWife’s right to bind husband in contract for necessaries undertaken by her – Whether extends to legal costs incurred by her for suits instituted by her against her husband or one defended by her from a suit by her husband
J. ADJARHO V. MRS G. AGHOGHOVWIA AND OTHERS CONTRACT:- Privity of contract – Deed of conveyance – Right of third party/strangers to the Deed to apply for it to be set aside  – Relevant considerations
J. W. BAMIRO V. JOHN HOLT AND CO. LTD CONTRACT:- Contract of guarantee of employment – Subsequent notification of withdrawal of guarantee – Liability of guarantor for wrong of employee after notification
JACK V. UNIVERSITY OF AGRICULTURE MAKURDI CONTRACT OF EMPLOYMENT:- Breach of – Application for remedy – Whether can be brought via Fundamental Right Enforcement Procedure – Rules
JACOBS V. BATAVIA AND GENERAL PLANTATIONS TRUST, LIMITED. CONTRACT:- Company – Contract contained in Two written Instruments – Prospectus – Promise in Prospectus – Deposit Notes – Collateral Contract – How treated
JADESIMI  V. FRED EGBE

CONTRACT:- Agreement – How made – Whether could be in writing, oral or inferred by conduct – Essential Elements – Where the parties agreed on all material points – Whether there is no need to look for offer and acceptance

CONTRACT:- Equity and contract – Doctrine of equity: “pacta sunt servanda”– Meaning– Implications for sanctity of contract

JEGEDE V. GIWA AND OTHERS CONTRACT:- Breach of contract for sale of land – Reliefs available to purchaser – Rescission due to fraud or mistake – Claim for reliefs on ground of breach of implied (and where available) express covenant for good title in land – Relevant considerations – Whether claim for money in respect of a consideration which has totally failed is also available to purchaser
JOHNSTONE V. MILLING CONTRACT:- Breach of, by Repudiation before Time for Performance – Declaration of Inability to perform – Election, Breach at – Landlord and Tenant – Lease, Covenant to rebuild in
JONES V.  OCEANIC STEAM NAVIGATION COMPANY LIMITED CONTRACT:- Contract of Carriage by Sea – Interpretation thereof – Applicable law of contract – When clause is deemed void by Law of the Country of Contract and valid by another of operation – Effect of intention of Parties
JOSEPH CONSTANTINE STEAMSHIP LINE LTD V. IMPERIAL SMELTING CORPORATION LTD CONTRACT:– Impossibility of performance – Frustration – Charter-party – Unexplained accident to ship – Onus of proof that accident not due to negligence – Relevant considerations
KELNER V. BAXTER AND OTHERS CONTRACT:- Pre-incorporation agreements – Whether company competent to ratify agreements made on its behalf by agents purporting to act for it before its legal incorporation – Relevant considerations
KIGO (NIGERIA) LTD V. HOLMAN BROTHERS (NIGERIA)  LTD. CONTRACT:- Claim for special and general damages for several branches of contract by in respect of goods sold and delivered by the defendant – Wrongs committed in tort including deceit, fraud, false representations and negligence occasioning substantial damages – How treated
KODESOH V. MADAM AYINKE ARO CONTRACT:- Merger of Agreement – When deemed to have happened by conduct or indirectly connected events – Repudiation of existing contract – How effected – Effect
KOGBE  V. IKUPOLOWO CONTRACT:- Bailment of Goods – Duties of care and diligence of custodian for reward – Effect of failure thereof
KUFORIJI AND ANOTHER V. V.Y.B. (NIG.) LTD. CONTRACT:- Rescission of contract – What needs to be proved – Agreement for joint purchase of property by married couple – Rescission of same on ground of mistake/misrepresentation as to validity of marriage – What needs to be proved – Marriage or status of parties to a contract – When deemed irrelevant to a transaction
L. S. D. P. C. V. ADOLD STAMM INT’L (NIG.) LTD. BUILDING CONTRACT:- Arbitration clause – Arbitration award – Enforcement of same – Relevant considerations
LABODE V. DR. GODFREY OTUBU CONTRACT:-  Contract of Pledge/Pawn – Contract of Bailment – Meaning and distinction between the two concepts – Parties to the two contract and their rights – Capacity of a bailee to enter into a contract of pawn as an agent of a bailor – When wrongful – Unauthorized pledge of a bailed good – Whether automatically terminates a contract of bailment – Relevant considerations
LAGUNAS NITRATE COMPANY V. LAGUNAS SYNDICATE CONTRACT:– Vendor and Purchaser – Voidable Contract – Rescission – Damages – Delay – Change of Position.
LAMBERT AND ANOTHER V. LEWIS AND OTHERS

CONTRACT:- Sale of goods – Warranty – Implied condition as to fitness – Breach of – Continued use of defective goods leading to accident – Whether conduct of owner breaks chain of causation between suppliers’ breach of warranty in supplying defective coupling and the accident – Liability of owner, supplier and manufacturer inter se.

CONTRACT:- Negligent misrepresentation – Liability of manufacturer of good for breach of warranty – Absence of an express warranty – Literature supplied by the manufacturers and the claims made in it – How treated

LOVELL AND CHRISTMAS V. GILBERT

COMMERCIAL TRANSACTIONS:-  Firm – Right of an infant to trade or become a partner with a trader – Right and obligations arising therefrom

CONTRACT:– Whether infant cannot contract debts by trading or through partnership with a trader – Whether goods may be ordered for the firm without infant becoming a debtor in respect of them – Whether adult partner is entitled to insist that the partnership assets shall be applied in payment of the liabilities of the partnership, and that until these are provided for no part of them shall be received by the infant partner – Whether this right of the adult partner can be made available for the benefit of the creditors

MADDISON V. ALDERSON CONTRACT:- Parol evidence relating to Interest in Land – Part Performance – Statute of Frauds s. 4. – How treated
MOJEKWU V. IWUCHUKWU CONTRACT:- Sanctity of contract – Agreement as to interest in land/real estate – Fraud – Misrepresentation – Whether a party can be deemed to have waived vested right as to inheritance via an agreement signed under a misrepresentation that no such right had vested – Duty of court thereto
MONTEROSSO SHIPPING CO LTD V. INTERNATIONAL TRANSPORT WORKERS’ FEDERATION CONTRACT:- Conflict of laws governing contract – Connected agreements made in different jurisdictions – Agreement between ship-owners and seamen’s union – Determination of applicable law – Need to base same on the closest and most real connections
MR KINGSLEY NWACHUKWU V. MR ULONNAM OKAELU CONTRACT:- Specific Performance –  When the court will grant an order of specific performance – Relevant considerations – equitable basis depending on the discretion of court – Whether a finding that the agreement is ex-facie not illegal or offend public policy could prevent the Court from enforcing same
MUNZALI AHMADU DANTATA V. ABDULKADIR SANUSI DANTATA

CONTRACT:– Intention of parties and terms of a written contract – how discovered

CONTRACT:– Party benefiting financially from a contract – Whether can refuse to give consideration to the other party by passing title of the property to the latter

 

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