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 – Nov 2013 – L1 – SA – Q6 – Law of Contract

Identifies the term used for agreements made via electronic medium.

Agreements made through electronic medium are called

A. E-contracts
B. Valuable agreements
C. Written agreements
D. E-Mere agreements
E. Formal agreements

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BL – Nov 2013 – L1 – SA – Q5 – Law of Contract

Identifies the fundamental terms of a contract in law.

The fundamental terms of a contract are called

A. Warranties
B. Conditions
C. Customs
D. Representations
E. Implied terms

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BL – Nov 2013 – L1 – SA – Q4 – Law of Contract

Identifies the term used when an original offer is rejected.

The rejection of an original offer is called

A. Conditional offer
B. Conditional acceptance
C. Lack of consideration
D. Counter offer
E. Communication offer

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BL – Nov 2015 – L1 – SA – Q14 – Law of Contract

Legal remedy requiring a party to fulfill a contractual promise.

The remedy for a breach of contract which requires the defendant to perform a promise he made under the agreement is
A. Damages
B. Quantum Meruit
C. Injunction
D. Specific performance
E. Recision

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BL – May 2018 – L1 – SB – Q2c – Law of Contract

Discuss the implications of actions during the proposal form stage of an insurance contract.

State the implication of the following in a contract of insurance:
(i) An applicant gives a proposal form to an insurance agent to complete for him. (2 Marks)
(ii) The insurer gives the proposal form to the applicant to complete. (2 Marks)
(iii) The applicant completes and submits the proposal form to the insurer. (2 Marks)

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BL – May 2018 – L1 – SA – Q11 – Law of Contract

Identify when a contract may be valid without consideration.

A contract may be valid without consideration if it
A. Has exclusion term
B. Has warranty
C. Is by deed
D. Is implied
E. Is made express

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BL – May 2022 – L1 – SB – Q6b – Company Law | Law of Contract

Advise Ogogo on Ibrahim’s argument that he sold the vehicle to his incorporated company.

Ibrahim agreed to sell a vehicle to Ogogo. He subsequently incorporated Ibrahim Limited and sold the vehicle to it at a better profit.

Ogogo has approached you for advice.

Required:
Advise Ogogo on Ibrahim’s argument that he has sold the vehicle to Ibrahim Limited, which is a corporate entity.

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BL – Nov 2014 – L1 – SA – Q14 – Law of Contract

Identifying an element that is not essential to a contract

The essential elements of a contract include the following EXCEPT:
A. Offer
B. Acceptance
C. Consideration
D. Intention to create legal relationship
E. Invitation to treat

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BL – May 2022 – L1 – SB – Q3b – Law of Contract

State five remedies for breach of contract and identify the one most applicable to the scenario.

Christy had contracted ABANDAB Photo Studios to cover her wedding photography and made full payment for the services. However, on the day of the wedding, ABANDAB Photo Studios failed to turn up. Christy had to engage another photographer. She has come to you for advice on the remedies available to a person who is a victim of breach of contract.

Required:
State FIVE remedies available for breach of contract and identify the ONE that suits Christy’s situation and why.

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BL – Nov 2022 – L1 – SB – Q3c – Law of Contract

Explaining fundamental breach and the elements of misrepresentation.

Misrepresentation in a contract affects the validity of the contract.

Required:
i. Explain “fundamental breach” and its effect on a contract (4 Marks).
ii. State four elements of misrepresentation (4 Marks)

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