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See Also:
- CONTRACT - Breach of Contract - Remedies for breach of contract
"If breach of contract is established, whether intentionally or otherwise, then damages follow." Per LEWIS, JSC in NATIONAL INVESTMENT & PROPERTIES CO. LTD V. THE THOMPSON ORGANISATION LTD (1969) LCER-503(SC)…
- CONTRACT - Enforcement of Contract - Position of the law as to the rights of parties to a contract; whether a contract can be enforced against a third party
"In Hohler v. Aston (1920) 2 Ch. 420 at page 425 Sargant J. stated with regard to the rights of parties to a contract thus: "The third parties, of course,…
- CONTRACT - Terms of contract - Implied Terms of contract- Meaning of implied terms of contract
NIGER INSURANCE CO. LTD. V. ABED BROTHERS LTD (1976-LCER-1097-SC) “In Sterling Engineering Co. Ltd. v. Partchett (1955) AC 534 at 547, Lord Reid stated the legal connotation of the phrase "implied term"…
- CONTRACT - VALIDITY OF CONTRACT - Essential elements of a valid contract
"For a valid contract to emerge, there are five elements that must be present and recognizable. These are offer, acceptance, consideration, intention to create legal relationship, capacity to create legal…
- CONTRACT - Terms of Contract - Whether an absolute undertaking in a contract can be implied
"... The undertaking here was also in our view an absolute undertaking so that if the undertaking was to continue on the death of one of the specified directors this…