Bunch of Cards

Question 1

Orient Bank (Nig.) Plc v Bilante Int’l Ltd

Answer 1

1. there must be meeting of minds for a contract to work
2. definition of contract
3. elements of a valid contract

Question 2

Gadzama v Rims Merchant Bank Ltd

Answer 2

1. acceptance of an offer must correspond with the terms of the offer

Question 3

Amana Suits Hotels Ltd v PDP

Answer 3

1. Definition of offer: definite indication by one person to another person, that he is willing to conclude a contract on the terms proposed, which when accepted will form binding legal obligation

Question 4

Okubule v Oyagbole

Answer 4

Acceptance must be a final expression of consent to terms of an offer.
It must correspond with the terms of the offer.

Question 5

Ajayi v R. T. Broscoe Nigeria Ltd

Answer 5

doctrine of promissory estoppel is to be used as a shield and not a sword.

Question 6

Combe v Combe

Answer 6

Doctrine of promissory estoppel does not create a create a new cause of action where none exists

Question 7

Harvey v Facey

Answer 7

response to an inquiry does not constitute an offer

Question 8

I.M.N.L v Pegofor Ind. Ltd.

Answer 8

according to the learned counsel:

1. A limitation clause is one that limits the liability to a ridiculous amount in equivalent to an exclusion clause.
2. It is a species, whereas exemption clause is a genus.

It is however important to note that the term “exemption clauses” where used, tefers to both exclusion and limitation clauses.

Question 9

Oyewole v Lawal

Answer 9

Definition of consideration:
~As the inducement to a contract; the reason or material cause for a contract; some right, interest, profit, or benefit accruing to one party,

or the forbearance, detriment or loss suffered or undertaken by the other

Question 10

Agbachi v Azubuike

Answer 10

1. A gratuitous promise not made under seal cannot constitute a contract.
2. A party who has not furnished consideration cannot be strictly referred to as a party to it.

Question 11

Akpan v Ubong

Answer 11

A contract under seal does not reuqire consideration to be enforceable.

(Consideration must move from the promisee)

Question 12

Chapeltonv Barry UDC

Answer 12

1. An exemption clause in a contract must be brought forward too late, like after the contract has been concluded.
2. It must be brought to the attention of the other party in a reasonable way.

Question 13

Olley v Marlborough Court Ltd

Answer 13

Due notice must be given to a party as regards the exemption clause, before the contracy is entered into.

Question 14

Baldry v Marshall

Answer 14

Any doubt ot ambiguity in an exemption clause will be interpreted against the party seeking to rely on it.

Question 15

Butler Machine Tool v Ex-Cell-O Corp.

Answer 15

Cases where there is battle of forms, there is a contract as soon as the last of the forms is sent & received without objection.

Question 16

Doherty Udechukwu v Jessie Ngene & Anor

Answer 16

Court definition: consideration is the purchase price of the promise

Question 17

Afolabi v Polymera Industries Ltd

Answer 17

where the method of communication of acceptance is stated & the offeree fails to comply, such acceptance is void.

Question 18

Trentham v Luxfer

Answer 18

conduct of a party can constitute acceptance

Question 19

Stevenson v McLean

Answer 19

Inquiry does not constitute a counter-offer

Question 20

Quenerduaine v Cole

Answer 20

where no method of communication of acceptance is stated, the form to be used eill depend on the nature of the offer.

Question 21

Anwasu v Pade Chabasaya

Answer 21

failure to furnish consideration in a contract breaches it, and enables the offeroe the right to revoke the offer

Question 22

Mur Head & Turnhill v Dickson

Answer 22

Commercial contracts cannot be concluded based on what people think in their hearts, but in accordance to what was said. (Lord Dunedin)

Question 23

Rabilu v Usman

Answer 23

Acceptance cannot be made by mere mental assent or mere silence

Question 24

Powell v Lee

Answer 24

there can be no acceptance where no offer has been made in the first place

Question 25

Chevron Ltd v Titan Energy Ltd

Answer 25

an exclusion clause is a contractual provision providing that a party will not be liable for damages for which the party would otherwise have ordinarily been liable.

Question 26

L'estrange v Graucob

Answer 26

where a document containing contractual terms is signed, in the absence of fraud and misrepresentation, the party signing it is bound (whether he read it or not)

Question 27

Adel Boshali v Allied Commercial Exporters Ltd

Answer 27

HELD: an exemption clause can only benefit a party if he is carrying out the contract in its essential respects.