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Which of the following is NOT a source of law as described in legal terminology?
Which of the following is NOT a source of law as described in legal terminology?
Formal sources of law provide validity to the law.
Formal sources of law provide validity to the law.
True
Name one of the categories into which sources of law can be classified.
Name one of the categories into which sources of law can be classified.
Formal
The writings of lawyers are considered a type of historical source of law, which is a __________ source.
The writings of lawyers are considered a type of historical source of law, which is a __________ source.
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Match the following legal concepts with their descriptions:
Match the following legal concepts with their descriptions:
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What does a source of law primarily signify?
What does a source of law primarily signify?
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Material sources of law are concerned with the validity of the law.
Material sources of law are concerned with the validity of the law.
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What term is used to describe the classification of law sources that emphasizes their authority?
What term is used to describe the classification of law sources that emphasizes their authority?
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What does substantive autochthony refer to?
What does substantive autochthony refer to?
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Formal autochthony is related to the contents of legislation.
Formal autochthony is related to the contents of legislation.
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What are the two aspects of autochthony?
What are the two aspects of autochthony?
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An agreement between parties for the exchange of promises or performances is known as a ______.
An agreement between parties for the exchange of promises or performances is known as a ______.
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Which of the following best describes the term 'Sources' in the context of legal research?
Which of the following best describes the term 'Sources' in the context of legal research?
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Freedom of contract allows parties to create any agreement they desire, regardless of legality.
Freedom of contract allows parties to create any agreement they desire, regardless of legality.
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What did the Supreme Court case of Merchant Bank Nigeria Ltd. v. Adalma Tanker confirm about contracts?
What did the Supreme Court case of Merchant Bank Nigeria Ltd. v. Adalma Tanker confirm about contracts?
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What is required for a party to have any liability to pay in an entire contract?
What is required for a party to have any liability to pay in an entire contract?
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A builder can recover payment for work done even if the contract is not completed, provided that the owner benefits from the work.
A builder can recover payment for work done even if the contract is not completed, provided that the owner benefits from the work.
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What is the term used for the doctrine that allows payment for a contract that has been largely completed but not in its entirety?
What is the term used for the doctrine that allows payment for a contract that has been largely completed but not in its entirety?
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In Cutter v. Powell (1795), the seaman's executors could not claim wages because the contract was not fully ______.
In Cutter v. Powell (1795), the seaman's executors could not claim wages because the contract was not fully ______.
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Match the following terms or concepts with their correct definitions:
Match the following terms or concepts with their correct definitions:
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What was the primary issue in the case of Miles v. Wakefield Metropolitan District Council?
What was the primary issue in the case of Miles v. Wakefield Metropolitan District Council?
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Which of the following allows for partial payment due to incomplete performance?
Which of the following allows for partial payment due to incomplete performance?
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An employer can reject partial performance of a contract and refuse to pay anything at all.
An employer can reject partial performance of a contract and refuse to pay anything at all.
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Express words in a contract can exclude the application of substantial performance.
Express words in a contract can exclude the application of substantial performance.
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A ship-owner cannot recover freight if the goods are not carried to the agreed ______.
A ship-owner cannot recover freight if the goods are not carried to the agreed ______.
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What happens if a negotiable instrument is dishonored?
What happens if a negotiable instrument is dishonored?
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A contract may require payment in a certain manner or at a certain __________.
A contract may require payment in a certain manner or at a certain __________.
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Match the following cases with their key outcomes:
Match the following cases with their key outcomes:
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In Wiluszynski v. Tower Hamlets, what did the employer notify the employees regarding their work?
In Wiluszynski v. Tower Hamlets, what did the employer notify the employees regarding their work?
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If a contract is divisible, the court treats completed parts as entire for payment purposes.
If a contract is divisible, the court treats completed parts as entire for payment purposes.
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If no specific payment provision exists, payment must be made in __________ tender.
If no specific payment provision exists, payment must be made in __________ tender.
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What is NOT considered a valid form of consideration in a contract?
What is NOT considered a valid form of consideration in a contract?
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Unequal bargaining power automatically makes a contract voidable.
Unequal bargaining power automatically makes a contract voidable.
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What legal principle addresses the issue of unfair or oppressive conduct in contracts?
What legal principle addresses the issue of unfair or oppressive conduct in contracts?
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A contract's essence is to establish the terms of a sale or exchange of goods and services between __________.
A contract's essence is to establish the terms of a sale or exchange of goods and services between __________.
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Match the following legal terms with their definitions:
Match the following legal terms with their definitions:
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What does 'freedom of contract' refer to?
What does 'freedom of contract' refer to?
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Duress of goods is unrelated to the concept of bargaining power in contracts.
Duress of goods is unrelated to the concept of bargaining power in contracts.
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What may prevent an agreement from operating as a contract?
What may prevent an agreement from operating as a contract?
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What is the primary effect of a creditor requesting a debtor to pay a third party?
What is the primary effect of a creditor requesting a debtor to pay a third party?
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Proof of payment is only accepted in the form of a receipt.
Proof of payment is only accepted in the form of a receipt.
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When must a debtor pay if nothing is stated about the time of payment?
When must a debtor pay if nothing is stated about the time of payment?
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The place of payment is the place of business or residence of the __________.
The place of payment is the place of business or residence of the __________.
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What must happen for a third party to discharge a debt?
What must happen for a third party to discharge a debt?
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A partnership is formed by the informal agreement between two parties.
A partnership is formed by the informal agreement between two parties.
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What are the key components typically covered in a business partnership agreement?
What are the key components typically covered in a business partnership agreement?
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Match the following terms with their correct descriptions:
Match the following terms with their correct descriptions:
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Study Notes
Introduction to Contract Law
- A contract is a legally binding agreement between two or more parties.
- It creates mutual obligations enforceable by law.
- Essential elements, at common law, include: offer, acceptance, intention to create legal relations, and consideration.
Nigerian Legal System
- The system is a relic of British imperialism.
- English law largely displaced traditional systems.
- Lagos was established as a British colony in 1862.
- A court was set up, and five ordinances were initially applicable.
- These ordinances included laws on customs duties, harbor regulations, harbor sanitation, currency, and official seals.
- Further ordinances regarding the legal profession followed in 1864-65, including Supreme Court ordinances.
- Colonial legacies have persisted in Nigeria until today.
- The English legal system was eventually established in 1862 with 25 ordinances.
- The 1960 independence is yet to fully perfect the legal domain.
Sources of Law
- Constitutions
- Statutes and ordinances
- Rules and regulations
- Case law
- The term "Source(s)" in legal research refers to the origin of legal concepts and ideas, governmental institutions formulating legal rules, and published manifestations of law.
Classes in Sources of Law
- Formal sources give validly to the law.
- Material sources concern the origin of the substance of law.
- Historical sources include writings of lawyers (e.g., foreign law rules), that serve as persuasive authority rather than forming part of local law until enacted.
Theories of Sources of Law
- Consensus Theory: A legal system stems from societal consensus on norms, rules, and values.
- Conflict Theory: Society's competing groups shape legal systems, influenced by the powerful.
Other Theories (Middle Course)
- Autochthonism relates to the native origin of the law, considering whether a law is indigenous. Formal and substantive are two aspects
Legal System in Nigeria
- Nigeria has a presidential system of democratic governance.
- The President also serves as head of state.
- Three branches of government include the Executive, Legislative and Judiciary, with respective powers.
Constitution
- Nigeria has a written constitution, the 1999 Nigerian Constitution.
- Key features include presidential form of government, separation of powers, federalism, rule of law, and supremacy of constitution.
System of Governance
- Nigeria operates with a presidential system, with the head of government also acting as head of state.
- These powers are distinct from other branches.
Structure
- Legislative power resides in the National Assembly.
- Executive power rests with the President.
- Judicial power is vested in the federal courts, including the Supreme Court of Nigeria.
Legal System
- Nigeria's legal system is 'mixed', drawing from English law, common law, customary law, and Sharia (Islamic) law.
- Key sources of Nigerian law include its Constitution, legislation (Ordinances, Acts, orders), received English law, customary law and Islamic law
- Legal precedents are also important sources.
Forms of Alternative Dispute Resolution
- Alternative Dispute Resolution (ADR) includes methods such as conciliation, mediation, arbitration, neutral evaluation, settlement conferences and community dispute resolution programs to settle disputes without court litigation.
- Forms such as mediation, arbitration and facilitation are considered in the context of ADR.
Contract Law Principles
- Contract agreement and exchange of promises and their conditions, legality, intention, capacity, and consideration are key aspects
- There are three basic elements: Agreement (offer and acceptance), contractual intention, and consideration.
- Freedom of contract exists but is subject to constraints like public policy concerns.
Principles of Contract Law
- Contracts are considered unique due to the freedom to vary terms.
- Formation, privity, construction, vitiating factors, discharge and remedies are key aspects.
Consideration
- Consideration is an executor when there is an exchange of promises to perform acts in the future.
- Often a part of commercial contracts and transactions.
- Must not be illegal, immoral or contrary to public policy.
Intention to Create Legal Relations
- An intention to create a legal relationship is essential for a valid contract.
- The basic rule is that the parties must intend to be legally bound and must comply with certain conditions.
- Otherwise, a court will not enforce the contract.
Performance in Contract
- The cardinal rule is that the contract must be performed exactly as agreed.
- Minor deviations from the contract can be considered breach of contract leading to damages.
- ‘Time is of the essence’ in contracts where stated or implied to ensure performance within a reasonable time.
Partial Performance
- If an entire contract is only partially performed, the innocent party can claim damages for the part that wasn’t completed.
- If the other party has taken benefit, the courts will likely imply a new agreement.
Standard form of contract
- Standard form contracts are agreements that use pre-printed forms with non-negotiated provisions.
- Generally, the dominant party sets the terms
Other Business Law Principles
- Business law deals with buying, selling, commerce, trade and, importantly, the contract law principles which underpin all business activities.
- Business law principles may include partnership, corporation and dissolution principles.
- Standard contract implications in particular industries, like construction, and the potential for amendments.
- Alternative Dispute Resolution (ADR) as a method for resolving business disputes, and the roles of judges exploring those avenues.
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Description
This quiz provides an overview of contract law and its essential elements, along with a brief history of the Nigerian legal system influenced by British colonialism. Explore the relationships between laws, ordinances, and the evolution of Nigeria's legal framework since independence.
