Understanding vitiating elements and ensuring fairness in Nigerian contract law: A comprehensive study
1 Procurement Officer, Federal Polytechnic Wannune, Nigeria.
2 Physical Planning unit, Federal Polytechnic Wannune, Nigeria.
3 Civil Engineering Department, University of Nigeria, Nsukka, Nigeria.
Research Article
Global Journal of Engineering and Technology Advances, 2023, 16(03), 099–106.
Article DOI: 10.30574/gjeta.2023.16.3.0168
Publication history:
Received on 12 July 2023; revised on 06 September 2023; accepted on 08 September 2023
Abstract:
This abstract presents key findings and recommendations from a study on vitiating elements in Nigerian contract law. The study explored elements such as misrepresentation, mistake, duress, undue influence, lack of capacity, illegality, unconscionability, frustration of purpose, and non-compliance with formalities, analyzing their impact on contract formation and enforceability. Emphasizing the importance of understanding vitiating elements for fair and transparent contractual relationships, the study highlighted public policy as a guiding principle in determining enforceability. It stressed the significance of adhering to formal requirements and conducting due diligence to protect parties from unjust contracts. Recommendations included legal education, standardized contract terms, special protections for vulnerable parties, and adaptation to emerging technologies. These insights contribute to enhancing contract formation integrity and supporting equitable relationships within Nigeria's legal framework.
Keywords:
Vitiating elements; Nigerian contract law; Misrepresentation; Mistake; Duress; Undue influence; Capacity of parties; Contract validity
Full text article in PDF:
Copyright information:
Copyright © 2023 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0