Critically Examine Limitation and Exemption Clause in Contract Agreement both in England and Nigeria

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TABLE OF CONTENTS

CHAPTER 1: INTRODUCTION1

English law of contract1

Nigeria contract law2

Irish law of contract3

Purpose statement3

Research questions4

BIBLIOGRAPHY5

CHAPTER 1: INTRODUCTION

English law of contract

The English law of contract follows the general principles arising from case law. However, in some areas, the law entered, either to codify existing case law, or to transpose the European or international texts.

Despite this lack of codification, the English contract law knows many of the principles as the French law. Thus, at the time of contract formation, formalism is absent and an agreement may be oral or written, the causes of nullity of contracts are identical to those of French law: mistake, violence, undue influence, illegality and, most used the incorrect statement.

The intention of the parties is not, despite this, totally absent in English law. Level of training and the validity of the contract, for example, the English contract law requires, besides the meeting of two wills, an offer and acceptance, two additional conditions. These conditions are: the parties' intent to create a legal relationship binding and enforceable (if not, the agreement will have only the value of a gentlemen's agreement, which will prevent the parties to go to court, for breach of the Agreement), and the consideration ("consideration") to the commitment, which is equivalent to the concept of cause in French law. It also notes a tendency to develop a doctrine called "purposive interpretation of contracts" leading to trying to interpret an actual situation.

Unlike U.S. law, English law does not recognize the principle of good faith performance of contracts. Otherwise the English courts will not enforce an undertaking to negotiate in good faith.

Nigeria contract law

Nigeria is typical of a mixed legal system. In Nigeria coexist African customary law and the norms of the Roman-Dutch and English common ...