CONTRACT CASES (COMMERCIAL LAW)
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE |
MAIN ISSUES |
| ABALOGU V. SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED |
CONTRACT:– Employment contract – Distinction between termination clause and dismissal clause – Written contract of employment – Effect of termination clause |
| ADEBAJE V. CONDE | COMMERCIAL LAW – CONTRACT:- Auctioneer– Duties owed by auctioneer to vendor – How determined – Reserve price fixed by vendor– Sale by auctioneer below reserve price – How proved – When purchaser can enforce contract against vendor |
| ADECENTRO (NIGERIA) LIMITED V. COUNCIL OF OBAFEMI AWOLOWO UNIVERSITY | CONTRACT:- Building contract – Inordinate delay – Contractor guilty of inordinate delay – Duty of court thereto
CONTRACT:- Termination of contract – Abandoned contract – Meaning and effect of – Whether notice required to terminate same. CONTRACT:- Terms of contract – Where written – Oral evidence to vary same – Whether admissible – When admissible – Section 132(1)(c) & (d), Evidence Act CONTRACT:- Where time is of the essence – Need to state it as fundamental term in contract agreement – Rationale – Effect of failure thereto |
| ADELEKAN V. ECU-LINE NV | CONTRACT: Contract for carriage of goods by sea – Two different contracts for two different items – Failure to deliver bill of laden listing both items – Delivery of only one of 2 times – offer of compensation in lieu of undelivered item – When deemed inadequate – Action to recover – Relevant considerations |
| ADENIYI V. GOV. COUNCIL, YABA COLLEGE OF TECHNOLOGY | CONTRACTS:- Contracts of employment with statutory flavour – Character of – When deemed wrongfully terminated |
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AFRICAN CONT. SEAWAYS LTD V. NIG. DREDGING RD. AND GEN. WRKS. LTD |
CONTRACT:- Existence of – Enforcement of via specific performance – When proper |
| AJUFO V. AJARBOR AND OTHERS. |
CONTRACT:- Liability of master for servants acts – Contracts – Contract of indemnity – When obligation arises |
| CONTRACT:- Application for enforcement of international sales agreement – Representation Agreement covering transportation market – Claim for recovery of commission due and payable – How treated | |
| AKIN ADEJUMO V. AYANTEGBE |
CONTRACT:- Whether a stranger to a Deed can set it aside – Who is a stranger to a Deed |
| CONTRACT:– Exclusion clauses – Rule applicable to the enforcement of exclusion of clauses as stated by the House of Lords in Photo Productions Ltd. v. Securicor Transport Ltd. (1980) AC 827 | |
| ALFRED USIOBAIFO V. CHRISTOPHER USIOBAIFO |
CONTRACT: Void and voidable contract – distinctions thereto – Where a sale is void – whether it has to be so declared if asked to be set aside – Where it is voidable – whether an invitation to set it aside will depend upon the facts and circumstances of the case |
| CONTRACT: – Frustration of – Doctrine of frustration of contract due to supervening impossibility of performance – Whether applicable to lease agreement | |
| ALHAJI AMINU JUBRILLAH ABDULLAHI & ORS V. MRS. CHRISTIANA IYABO ADETUTU |
CONTRACT:– Damages – Special damages – Meaning – Whether special damages denote pecuniary losses which usually crystallize in terms of cash and values before trial – What claimant must do to succeed in a claim for special damages |
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ALLIED MARINE TRANSPORT LTD V. VALE DO RIO DOCE NAVEGACAO SA |
CONTRACT:- Implied contract – Abandonment of notice of arbitration relating to breach of contract for five and half years – Whether silence and inactivity amount to offer to give up reference to arbitration – Whether silence and inactivity amounting to offer to give up claim – Consideration for such offer – Accord and satisfaction – How treated |
| AMON V. RAPHAEL TUCK AND SONS LTD |
CONTRACT – ROYALTY AND COMMISSION:- Mere fact that a man is entitled to a royalty or commission on the sale of an article – Whether implies existence of a contract – Whether not enough to enable him to say that he is legally affected by an order forbidding its manufacture – Whether in such circumstances, he has only a commercial interest, not a legal one, in the continued manufacture of the article- Whether promise of a minimum royalty implies an obligation to produce the article |
| CONTRACT: – Parole/unwritten contract – How proved – Contract for sale of land – Where agreement as to price is disputed – When court would not find mistake
CONTRACT:- Sale Of Land – Where vendor was lacking in good title on the date of agreement – Whether rectified by securing good title subsequently – Whether buyer is entitled to rescission of contract for sale of land where vendor had no good title – Whether plaintiff has a duty to investigate title beforehand – Duty of vendor to disclose defects in title |
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| AWOPEJU V. FAMAKINWA |
CONTRACT OF EMPLOYMENT:- How properly discovered – Intention of parties – Duty of court to give effect to same |
| CONTRACT:- Intention of parties – How determined – Giving and taking of a promissory note regarding a debt and further stamping of the note – Whether very strong evidence that the parties intended their transaction to be governed exclusively by English law – Whether disentitles creditor from claiming the benefit of any local law or custom at variance with English law – Effect | |
| BARCLAYS BANK D.C.O. V. MEMUNATU HASSAN |
CONTRACT – ILLEGALITY:- Memorandum of deposit – Where prepared by bank agent on behalf of the illiterate depositor – Whether fact of illiteracy where pleaded would render document unenforceable against depositor but not void |
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BARCLAYS BANK LTD V. W J SIMMS SON AND COOKE (SOUTHERN) LTD AND ANOTHER |
CONTRACT:- Mistake – Mistake of fact – Money paid under mistake of fact – Recovery – Relevant considerations |
| BFI GROUP CORPORATION V. BUREAU OF PUBLIC ENTERPRISES |
CONTRACT:– Meaning of – Terms of – Intention of parties to contract – Distinction from Invitation to Treat and an Offer – Consideration – Breach of Contract – Rescission of contract – CONTRACT: Types – Complex Contract – Meaning – Where complex contract contains terms of a prospective contract – DIVISIBLE CONTRACT:- Meaning of – Whether divisible agreements admit of pro rata payments for each portion – CONTRACT: Affirmation – Mandated affirmation of a contractual agreement – Liability of persons who subscribed to the affirmation – Whether extends to criminal offence of perjury if it turns out that falsehood occurs CONTRACT: Bond – Whether court can query parties’ bid bond – Performance Bond – Meaning and How used – Promissory Estoppel – Meaning and when applies |
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BREMER VULKAN SCHIFFBAU UND MASCHINENFABRIK V. SOUTH INDIA SHIPPING CORPORATION |
SHAREHOLDING CONTRACTS:- Dispute over sale in total shareholding of a publishing company by the respondents to the claimants – Where contract included various warranties by the respondents as to the state of the company and provided for any dispute between the parties to be settled by arbitration in Geneva under the rules of the International Chamber of Commerce (‘the ICC’) – How treated CONTRACT –Implied term in contract to arbitrate that claimant not to be so dilatory as to frustrate purpose of contract – Whether breach of that term a repudiation of contract entitling respondent to rescind – Whether respondent’s right to rescind and right to fair hearing can be protected by injunction |
| CONTRACT: – Written Contract of Service – When the Court will restrict itself to written terms of contract of service between parties | |
| CALVENPLY LIMITED v PEKAB INTERNATIONAL LIMITED |
COMMERCIAL LAW – CONTRACT:- Contract for supply of goods – Failure to pay contract sum – Suit to recover same – How treated |
| CONTRACTS:- Proper procedure to varying a written contract – interpretation of a contract involving several documents | |
| CHEVRON NIGERIA LIMITED V. LONESTAR DRILLING NIGERIA LIMITED |
CONTRACT – BREACH OF CONTRACT:- How treated |
| CONTRACT: Damages for breach of contract – Categories of– Distinction between damages recognised in tort and damages recognised for breach of contract – General damages and special damages – Why general damages is inapplicable to breach of contract but recognised in tort – Duty of court thereto | |
| CHIEF SAMSON O. OBASEKI V. AFRICAN CONTINENTAL BANK LIMITED AND ANOTHER2 |
COMMERCIAL LAW – CONTRACT:- Sale by auction – When made subject to approval of mortgagee – Where approval refused – Legal effect – Whether Specific performance can be ordered |
| COMMERCIAL LAW – CONTRACT:- Contracts – Elements – Validity of offer – Validity of acceptance – When other documents can be read together with contractual documents | |
| DR OBO V. COMMISSIONER FOR EDUCATION BENDEL STATE |
CONTRACT OF EMPLOYMENT:- Contravention of the rules and regulations governing contract of service – Overstay of academic leave without leave – Absence from duty without permission – Whether gross act of misconduct and a fundamental breach of contract of service for which liability for summary dismissal attaches |
| CONTRACT:- Enforcement of contract – Equitable remedy of specific performance – When proper – Need for there to be an existing valid agreement between the relevant parties which is ex-facie not illegal or offend public policy – Contract for the sale of land – Why attracts a greater justification for a decree of specific performance | |
| EKAETE V. UNION BANK OF NIGERIA PLC |
CONTRACT:- Sanctity of contract – Whether a person of full legal age and discretion would be allowed to resile from a document which he freely signed or executed |
| CONTRACT – Terms of agreement – Bindingness of on the parties thereto – When terms cannot he implied. | |
| EZEIGWE V. AWAWA AWUDU |
BUILDING CONTRACT:- Privity and performance – Contract not fully performed by one party to it – Death of contractor – Whether heir or privies of that party can upon his becoming deceased enforce the contract against the other party |
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JUDGMENTS OF NIGERIAN COURTS |
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