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Landmark Cases on Contract Misrepresentation: An Analysis of Legal Precedents Shaping Contract Law Jurisprudence
0₦2,500.00Anthonia Chinyere Oloko, in her article, Landmark Cases on Contract Misrepresentation: An Analysis of Legal Precedents Shaping Contract Law Jurisprudence, visits the law on misrepresentation as a critical part of contract law, influencing the validity and enforceability of contractual agreements. Landmark court cases in the United Kingdom, the United States and Nigeria have established key legal precedents in this area, shedding light on the complex and nuanced nature of misrepresentation. Analysing these cases provides valuable insights into the legal principles and standards that govern misrepresentation, including its impact on contract formation, performance, and remedies. As the law evolves, it is important to consider the changing landscape of contractual relationships and the implications of misrepresentation for all parties involved. The paper’s analysis of landmark cases highlights the practical implications of these legal precedents in real-world scenarios, thereby providing valuable insights for both legal practitioners and scholars. Disclosure laws in the realm of real estate transactions are critical in preventing misrepresentation and ensuring that buyers have all the information they need to make informed decisions. Oloko provides a comprehensive examination of the complex and ever-evolving landscape of misrepresentation law, emphasising the need for fairness, integrity, and secure contractual arrangements. By understanding the complexities of these laws, parties can protect themselves from potential legal issues.
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The Intersection of Insolvency and International Commercial Arbitration Nigeria and Selected Jurisdictions
0₦2,500.00Joshua Olewu in his article, The Intersection of Insolvency and International Commercial Arbitration: Nigeria and Selected Jurisdictions, examines the challenges posed by the intersection of insolvency with international commercial arbitration (ICA), such as validity of arbitration agreement, capacity, arbitrability, award enforcement etc,. He examines the position of Nigeria on this intersection and recommends lessons from the approaches in some jurisdictions with developed jurisprudence over the subject matter. Olewu, finds through a doctrinal methodology, that some developed jurisdictions (USA and France) have a systematized and internationalist approach towards addressing issues connected with the subject matter and recommends for Nigeria, the promulgation of clearly defined legislative instruments and/or reforms in order to provide regulatory clarity and other attendant benefits.
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Contract Management and Disputes Avoidance in the Nigerian Construction Industry
0₦2,500.00Doyinsola Kazeem of the African Finance Corporation and a postgraduate student of Construction Engineering at the University of Cambridge, and Ibrahim Haroon, Associate at G. Elias, in their article, Contract Management and Disputes Avoidance in the Nigerian Construction Industry, observe that the construction industry in Nigeria has been growing at a breakneck pace. A significant impediment to growth in the industry is the rising number of disputes. Practitioners struggle with avoiding disputes at the three stages of construction: pre-contract, contract and post-contract. There are proven toolkits that can assist with dispute avoidance in the construction industry in Nigeria. Kazeem and Haroon focus on mechanisms and toolkits that practitioners can adopt to avoid disputes in the Nigerian construction industry.
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The Enforcement of Foreign Jurisdiction Clauses of Contracts in Nigeria
0₦2,500.00Uche Val Obi SAN, Izuchukwu Okpara and Moyinoluwa Adegoroye, all of the Alliance Law Firm, in their article, The Enforcement of Foreign Jurisdiction Clauses of Contracts in Nigeria, note that the inclusion of foreign jurisdiction clauses in contracts has become a common trend in international commercial transactions. Since most parties are often not familiar with the laws of their foreign counterparts and are sceptical about getting a fair trial in the latter’s jurisdiction when a dispute arises, the option of a usually neutral foreign jurisdiction clause, therefore, is cardinal when considering the risks associated with contractual relationships. Uche Obi SAN et al consider the meaning and nature of contracts, foreign jurisdiction clause as a term of a contract, and its enforcement in England and Nigeria, with particular focus on the attitude of Nigerian Courts to the enforcement of foreign jurisdiction clause as a term of a contract. They opine that while the Supreme Court has consistently upheld and enforced foreign jurisdiction clauses, the lower courts have often refused to do so because they perceive those clauses to be ouster clauses.
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Examining the Early Warning System as an Essential Risk Management Tool in Engineering and Construction Projects
0₦2,500.00Osinachi Nwandem, Senior Associate Aluko & Oyebode and Fellow of the Institute of Construction Industry Arbitrators, in his article, Examining the Early Warning System as an Essential Risk Management Tool in Engineering and Construction Projects, considers the early warning system as an indispensable risk management tool in construction projects. He contends that while the extension of time and additional payment mechanisms in construction contracts appear to compensate the Contractor during supervening events, these mechanisms are only deployed after the event. Nwandem observes that the workings of the early warning system help to identify and resolve events that could give rise to a potential delay or monetary claim. Given the striking benefits of the early warning system in a construction project, he shares guidance on designing an efficient early warning system in a construction contract.
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Protection of Consumer Rights in Secured Credit Transactions in Nigeria
0₦2,500.00Professor Felicia Monye of the Faculty of Law, University of Nigeria and Benjamin Mukoro, Doctoral Candidate at the Faculty of Law, University of Nigeria, in their article, Protection of Consumer Rights in Secured Credit Transactions in Nigeria, consider the existing laws and regulations designed to protect consumers of credit with a focus on secured transactions in movable assets. They note that while the consumer protection framework is generally satisfactory, there are certain shortcomings, such as multiplicity of regulatory mechanisms and poor enforcement of standards.
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A Review of the Nigerian Law and Practice on Perfection of Charges
0₦2,500.00Ashiata Kadiri, Associate at G. Elias & Co, in her article, A Review of the Nigerian Law and Practice on Perfection of Charges, comprehensively considers the process of perfection of charges in Nigeria. She identifies the extant laws applicable to perfection noting the requirements by the Corporate Affairs Commission, the Federal Inland Revenue Service and the National Collateral Registry established under the Secured Transactions in Movable Assets Act 2017.
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Exploring the Contractor’s Compensation Options for Extra Work with no Formal Variation Instruction
0₦2,500.00Osinachi Nwandem, an Associate at ǼLEX, in his article, Exploring the Contractor’s Compensation Options for Extra Work with no Formal Variation Instruction, notes that most construction contracts entitle the contractor to compensation for extra work performed so far as the employer issued a formal variation instruction under the contract. The unfortunate implication is that the contractor may not receive compensation for additional works done, if the contractor performed the extra work upon the oral instructions of the employer. Osinachi reviews Nigerian and foreign authorities on the issue of extra work done when there was no formal variation instruction and proffers the options available to a contractor to successfully recover compensation in such instances.
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Limitation of Action for Enforcement of Contractual Rights Under Nigerian Law
0₦2,500.00Dr Gogo Otuturu, Senior Lecturer at the Faculty of Law Niger Delta University Wilberforce Island Nigeria In his article, Limitation of Action for Enforcement of Contractual Rights Under Nigerian Law, takes a tour of the Nigerian legal landscape to ferret out limitation of action in different contractual situations. Otuturu explores the limitation of action under general statutes, special statutes, simple and special contracts. He considers the accrual of a cause of action, postponement of limitation period, and concludes that the general limitation period for some actions are too short. He recommends that like the Employee Compensation Act 2010, all statutes of limitation should confer a discretion on judges to take into consideration the existence of special circumstances to extend the limitation period in appropriate cases.
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Advancing the Cause of Fintech in Nigeria through Regulation
0₦2,500.00Tolu Olatunji of the Edge Hill Law Practice in his article, Advancing the Cause of Fintech in Nigeria through Regulation, comprehensively considers the regulatory framework for Fintech in Nigeria. He appraises the growth of Fintech in Nigeria and Africa, regulatory and industry sandboxes and the challenges of regulation. He concludes that regulators must ensure compliance with regulations without stifling innovation.
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Establishing Disruption and Loss of Productivity Claims in Construction Projects: What is Required of the Contractor
0₦2,500.00Professor Offornze Amucheazi, SAN of the Nnamdi Azikiwe University Awka Nigeria and Osinachi Nwandem, Associate at ǼLEX in their article, Establishing Disruption and Loss of Productivity Claims in Construction Projects: What is Required of the Contractor, note that while contracts may entitle contractors to claim reimbursement on the grounds of disruption/loss of productivity when they incur additional costs, contractors have always found it challenging to prove disruption claims and secure reimbursement. The solution lies in a proper understanding of what disruption/loss of productivity is and what contractors must establish to validate their disruption claims. Professor Amucheazi and Nwandem analyse how to prove disruption claims against the background of COVID-19 pandemic. They review several decided cases and the various standard forms of contracts commonly used in the Nigerian construction industry including the FIDIC Red Book, the Federal Ministry of Works Standard Conditions of Contract (Road Works) in Nigeria, and the Federal Ministry of Works and Housing Standard Form of Building Contract in Nigeria, to come up with a practical guide to contractors, employers, and arbitrators.
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Date Format: A Rare Headache in the Construction of Contractual Documents
0₦2,500.00Mujib Jimoh, Associate at Banwo & Ighodalo Lagos Nigeria, in his article, Date Format: A Rare Headache in the Construction of Contractual Documents, observes that when parties enter into a contract, and it is evidenced in a written document, they usually focus more on other contractual terms and pay little attention to the date format on the contract. Construing dates on documents may prove very difficult if parties do not realise that there are different date formats. An email which directs a party to carry out a contractual obligation may be dated 03/05/2008. This date is subject to different interpretations and liability may be created for a party if a particular interpretation is adopted, rather than the other. This situation played out in the Nigerian case of Hassan Taiwo V. Stanbic IBTC. Mujib examines the date formats in different jurisdictions, the effects of indiscriminate use of date on contracts, and the approaches to be adopted in construing dates on contractual documents.
