Non Est Factum in Nigerian Law: When Can You Escape a Signed Contract?

in 200 Level, Case Analysis, Class Notes, Educational Articles, Law of Contract, Legal News, Torts & Contracts

Have you ever signed a document without fully understanding what it was? Perhaps you were told it was one thing, but it turned out to be something completely different? In Nigerian contract law, there's a legal defense called "non est factum" that can protect you in such situations—but only under very specific circumstances. This guide explains what non est factum means, when you can use it, and how Nigerian courts decide whether someone can escape a contract they signed by mistake. What Does Non Est Factum Mean? Non est factum is a Latin phrase that literally means "it is not my deed." It's...

11 January

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Mutual Mistake and Common Mistake in Nigerian Contract Law

Posted by Kolawole Adebowale

in 200 Level, Case Analysis, Exam Preparation, Law of Contract, Study Tips

Imagine you agree to buy a car from someone, and both of you believe the car exists in the seller's garage. Unknown to either of you, the car was stolen the night before. Can this agreement be enforced? This scenario illustrates one of the most important defenses in contract law: mistake. In Nigerian contract law, mistake occurs when one or both parties enter into a contract based on a false belief about important facts. Not every mistake will allow you to escape a contract, but certain types of mistakes are serious enough to make the contract either void (invalid from the...

10 January

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FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY IN NIGERIA: AN ANALYSIS OF CHAPTER II OF THE 1999 CONSTITUTION

Posted by Kolawole Adebowale

in 200 Level, Case Analysis, Class Notes, Constitutional Cases, Constitutional Law, Constitutional Law, Educational Articles, Landmark Judgments

One of the most significant innovations in Nigeria's constitutional development is the inclusion of Chapter II on Fundamental Objectives and Directive Principles of State Policy. This chapter, spanning sections 13 to 24 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), represents a bold attempt at constitutionalizing socio-economic rights and setting out the guiding principles for governance in Nigeria.1 The chapter contains provisions on political, economic, social, educational, environmental, cultural objectives. Understanding these provisions requires familiarity with the broader sources of constitutional law in Nigeria, national ethics, and the duties of citizens. It essentially defines the relationship between...

08 January

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Citizenship in Nigeria: Acquisition, Dual Citizenship, Renunciation and Deprivation

Posted by Kolawole Adebowale

in 200 Level, Case Analysis, Constitutional Law

According to the Black's Law Dictionary, citizenship is defined as the status of being a citizen, the quality of a person's conduct as a member of a community. A citizen is a person who, by either birth or naturalization, is a member of a political community, owing allegiance to the community and being entitled to enjoy all its civil rights and protections; a member of the civil state, entitled to all its privileges.1 The word citizenship is often used interchangeably with "subject", "individual", and "nationality". It has been defined as pertaining to a person who under the constitution and the laws...

19 November

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Privity of Contract in Nigerian Law: Meaning, Exceptions, and Examples

Posted by Kolawole Adebowale

in Case Analysis, Civil Cases, Exam Preparation, Law of Contract, Legal Terminology, Study Resources, Study Tips

What is Privity of Contract? Privity of contract is a fundamental common law principle establishing that only parties directly involved in a contract possess rights and obligations under that agreement. The doctrine ensures contractual relationships remain exclusive to signatories, preventing third parties from enforcing or being bound by contractual terms. The Nigerian Supreme Court affirmed this principle in Chuba Ikpeazu v. African Continental Bank (1965) NMLR 374, stating that generally, a contract cannot be enforced by a person who is not party to it, even if made for their benefit. Core Principles of Privity The doctrine operates on three essential foundations: 1. Binding Obligations: Only...