. COURSE TITLE: LAW OF CONTRACT 49" APRIL COURSE CODE: CiL . “3 - amaeiie a INSTRUCTIONS: ANSWER ANY FOUR QUESTIONS - TWO (2) FROMM EACH SECTION. QUESTION 4 IS COMPULSARY ALL ASWERS SHOULD BE SUPPORTED WITH RELEVANT STATUTORY ANC JUDICIAL AUTHORITIES. SECTION A Q1. Mr. Destiny, who is based in Calaber made an offerto Mrs. Bassey, who leav. in Uyo for the sale of his car. The offer which wes dated 1* April, 2018 contained the following carninal terms: the offeree shall accept within two weeks; payment | * . shall be made within one week of acceptance; pay shall bs made. in cash; acceptance shall be communicated; the offeree shall take delivery and bear cost therefrom. In response to this offer, Mrs. Bassey wrote and posted an acceptance letter dated 13 April, 2018. Meanwhile, Mr. Destiny discussed the offer he made Mrs. Bassey with a friend who discouraged him and introduced a new buyer who was ready to pay double the price contained in the offer. For this reason, Mr. Destiny immediately wrote a revocation letter dated 13" April, 2018 and sentit . directly to Mrs. Bassey through a friend who was traveling to Uyo. Mrs. Basseey received the revocation letter at the point of posting her acceptance though she w: oblivious to the details. Both the new buyer and Mrs. Bassey are laying claim to th cat. Wah the aid of case law advise Mr. Destiny of he valiity or otherwise of the ~.. transaction. Would your answer be different if; (3. the new buyer was not in the picture and Mrs. Bassey e2cepted the offer but * “asked for two weeks to make payment in consideration of a fee or without a fee b' Mrs. Bessey had accepted but asked Mr. Destiny change the colour of the car t black and the letter immediately changed the colour as demanded. 1 c.the offes Contained a term requiring the offeree to inspectthe car bef e * + acceptance or a term making the purchase price negotiable. . "Me Dein as ea am eet tae pose te . Both tr Destiny and Mrs. Bascy had co-incidentally mede identical offers to ire Desiny died before Mrs. was folie pr heerlen aie caerit, David ard hrs. Davis have beén business partners. In one oftheir Q numerous transzclions, Mr. David supplied two dump trucks equipment to Mrs. Davis for yhich 10 million naira was egreed as purchase price. The actual market value of Het of the truck is 50 milion naira. It later occurred to Mr. David that he | hadbeen cheated and now seek to set aside the transaction. Advise the parties. :. David had supplied the truck before the price was discussed? . . ts. David has an existing obligation to actually transfer the trucks to Mis. Davis? 3. Mz. David has asked Mrs. Davis to used the equipment before payment but later agreed to accept a fesser amount because of low patronage and now seek to- 5 recover the balance?- 2 | 4, Parties are husband and wife and there is presence or lack of amity. Q.3a. Infancy is a privilege guaranteed by statute and case law. Discuss this ‘statement supporting your answer with authority. b. write notes on the following as it relate to capacity to contract: i. the law and effect of contract made by illiterate; ii, mentally disordered and drunken persons; ~ iii, the capacity of corporations to contractier: and the limitation; if; , i SECTIONB = Q.Afa) Mr. Ogban, a car dealer displayed so many cars at his shop atti, 6 Bogobiri street, Calabar. ~ © ; id uw eae rs." Okafor had been searching for’ a particular brand of Isuzu SUV car with good auxiliary to help her traverse the swampy terrain of Obos: community on a research mission. She eventually found one in Mr. Ogban's ‘car'stand. AS she was examining the vehicle to confirm and satisfy her specification, Mr. Ogban who was with her made the following remarks: ‘The vehicle is ‘A’ grade/'very sound... you. need nat bother checking for what is not there’. By this remark, Mrs. Okafor stopped - _ further inspection and inquiries. One week after, rs.’ Okafor paid for the vehicle | and delivery was made via Mr. Ogban's driver who drove the vehicle to Obosi. The Jehicle failed to perform as expected. Mrs. Okafor approached Mr. Ogbart and queried why he gave her a wrong impression that the vehicle was suitable for the Purp2se intended. Mr. Ogban snubbed her and resorted: ‘you are on your own’. Mrs. Okafor has approached you to prepare papers to sue Mr. Ogban, What will be your lgalorinin in favour of the parties? bin > Scanned with CamScanner* “displace her. She has decided to sue for the full contract sum. Raise the legal « ¥i -Q.6(b) *... ~ * minor, or very grieve consequences...it goes without saying thet if that hap2ens, the _view of this statement, discuss the principles of contract captured therein. Q.5(a) Mr Olufemi, a dealer in cocoa seeds had sent 200 be2s of his goods through the ABC Heuls Lid. at their Ondo office to be transported to Kano. When she vehicle got fo Kano it was discovered that twenty (20) bags were missing. The Way Bill given to lt. Olufemi after paying for the freight contsived exctusics clauses subjecting the contract of carriage to the ABC's Rules of Opzration, whici limits the company's Fabilty to A MEAGRE AMOUNT; another clause excluding any express or implied condition not stated in the ABC's Rules of Operation was inserted. Mr. Olufemi is seeking your legal advice concerning this state of affairs. Raise the legal issues and advise him. Q.5(b) Discuss the following rules and principles which attempt to limit the scope + and effectiveness of Exclusion clauses: (@) The Conta Proferentem Rule (b) Fundamental Breach (-) Change of Position -(@) Previous Dealings. ¢ 2k ' f Q.6(a) Mercy Hansen, a Nigerian Artist, was contracted by tne Nationar‘Tioupe of f Nigeria to perfor a live concert event at the National Theetre, lganmu Legos. The fy contract was,to last for two weeks, a period within which the foreign ccntingents ki * participating in 2n International Tourism Conference were entertained. Mercy # Hansen participated in the concert for only one week due to an undisclosed ailment. _-Miss Tonto Uche was used as a displacement for the remairing one week. Mercy “Hansen is aggrieved because her arch-rival in the movie industry wat used to $ issues and advice the parties. oj 65 3 Bbe he stiqulation is one which én the true construction of the co®tract the.” «parties have not made a condition, the breach of which may te attended by trivial, ‘contract is at end. Justice Scarmen in Bunge Corporation V. T:adax S. A. in ight of the above statement, Discuss exhaustively the principle of law raised here. i aa: o o.UNIVERSITY OF CALABAR - FACULTY OF LAW FIRST SEMESTER EXAMINATION: 2019/2019 SESSION (C232: LAW OF CONTRACT TIME ALLOWED: 3 HOURS DATE: 23 May, 2019 INSTRUCTION: ANSWER TWO QUESTIONS FROM EACH SECTION SECTION A > » cor) Distinguish between the terms of a contract and mere representations, supporting your answer with authorities. (20 marks) OO id atln wanted to buy a fairly used car from a desler, Eteka and informed him 2(a) THe {Durs have, over the years, made appreciable success in controll clauses, and have veally developed principles which govern their validity.” By M. C. Okanny. Discuss these principles, illustrating them with authorities. (10 marks) (b) Perfect Mechanics Limited to whom Albert gave his car for repairs engaged a themselves {com liability by relying on the exclusion clause contained in the “Customers’ Form” which Alvert signed, which states that “While ail efforts are being taken to-ensure the safety of Customers’ vehicles entrusted to our'care, the management will not be responsible for any damage or accident affecting customers’ cars.” Albert has engaged a lawyer to sue Perfect Mechanics Ltd concerning the damage to his car. identify the issues that are involved in this uestion. Will the action be successful? Support your answer with authorities. (7 % marks) . 3{a) Distinguish between a simple contract and a ‘Specialty contract, supporting your answer with authorities. (7% marks) é (b) Odey and his two colleagues hired a car from Safe Tours Limited for a five-day trip to and from Abuja and paid the full fare in advance. Ten minutes after take-off, the engine of the car caught fire and Odey and his two colleagues were slightly burnt. All their luggage which were in the car boot were completely destroyed by the fire. There was no fire extinguisher and the car was overdue for repel celal ar sarpagerdemeayreepoaec te ” would be safe and suitadle for the trip, and Safe Tours Limited is relying ee ae . lawyer has sued Safe Tours Limited for damages. Identify the principles (homer: relevant here. State whether the action will succeed. Cite necessary authorities. | t rn cand oe Piper os scor4. Mr Gevolor offered to sell his car tus. Xevolor for the sum of imillion naira although the actual vale Of the car is Suniltion. in a letter dated 1* of May 2019, Gevolor-kepc the offer open for 20 days. Reasoning that the car was to sustain the transaction and/or may have serious iatent defect, Nevolor rejected the oTer through » letter posted on | the SM of May 2019. Meanwhile, Gevolor’s son became infu-iated when he heard of the Contractual intentions of lis father. tn responds, be seat Limilll m naire to Gevolor and asked the latter to revoke the offer. in a ‘etter posted on the 9% of May, Gevolor purportedly revoked the offer. Mr Ini, u car deal -r reproved Nevolor for ro and an inexplicadt« >bsession for olf eare_tts haz Survendes his lamo-valied at“ ceratly mane {oF a0 old worthless Volvo car which is incapable of sel People generally believe Mr ini maladjusted a$_no reasonable per contract under such unfair terms. SF is now being prevented from building on the land by Ini’s children. Bassey is tiow in court to It has emerged in @ {the real owner of the car is Bassey’s late uncle that the decision by Ini to surrender his land was taken poultry farm tw his widowed younger sister through a deed of gift prepared by Barr Patrick. His children are ready to set aside the contract because the is the only source of their livelihood. Besides, Ini has refused to give his wife the ‘Amillion he contracted to give her from the 2million paid by Mr Ino. His refusal is not unconnected to standing which has alienated their rapport. Identity all the issues raised. apuly the relevant legal 1 6. Deval, a successful besinessman was actually born in the twilight of May 1998. On 1* May 2019, he got a loan of 10million naira from Mr Aji, a money lender and the loan was Buaranteed by Mr Ekpe, Deval's sixty years old uncle. Deal used this money to buy ostentatious jewelrios from Mega Ha nis (ages, The Mall also gave im some gold on credit. In Another transaction, Chief tkot sold his house to Mr Arikpo to raise money for his son’s fees abroad. kot is ready to de anything to educate his children: a privilege he was denied. eoce Son Is now very rich and seeks to set aside the sale of his father’s house based ov the {’usidered opinion of a lawyer who faulted the transaction on many grounds. Mr Oko! has foF 100 thousand. Okoi's first sou, Obasse, tried a Pee a the neigbour, repudiate the contggclgind recover the car. beng how O'col is managing. by a very sober Okoi. This whyle ePmada has made psp toy teadnelden gg the family’s company and whether the company can inch ans case taste the partes, ‘natepe Gir Gevolor offered to sell his car to Mr Nevoter for = Innilion naira atthough “Yous value of the car is Smillion. Ina letter dace tees gee 220 days. Reasoning that the car waste i G an “ Ser eeres MEI oE " 2019. Both the Sean NS by Nevolor in High Court 2, he is urgi coon rar = by Nevolor in Hig he is urging the court for an order of specific p ce wwyer is trying to evaluate the significance Ms letter to wit: ‘legitimacy not Propul ei s I sesybe salad Me RK ae rice won oi ames eae ee P the land by Ini’ pee tars ee ee eee ine Evidence that the real owner of the car is ' late uncle and that the decision by Ini to surrender his land was taken retrospectively after Bassey had to transfer the car to Ini. In another matter, Ini's Children also discovered that their father lost about Smillion when he agreed to accept 2million for a debt of Tmillion. The debt was actually due and the _debtor, Mr Ino, was having scrious health challenge which made Ini to grant the waiver. They } creat Semiiiion, We yet mrraber wan'tls9 saw ‘evidence of sive payment for the chippings by hig fothet. Further detai's show thot the contract pore at 2015 and that Aja haat yi pried do te supply. fi ‘Perusal of the documents that his late father also Me Aja for apiece of iand within this period but the contnct is yet to be perfected. Everything these contacts happened in Cross River Staie Please advise Apada, mold your advice b dient if (a) exe was fraud tnd misttbe (6) Agada'e Pree ye teh ned pict) cnc ms er sal ep oo $ regulated by customary law. f agin oh j FC Discuss the facts and principles ‘Gable ty he ewe of BOMBA AORO. coher, ~ LIMITED v LANDMARK UNIVERSITY (2020) 15 NWLR (Pt. 1748) 465OFC FACULTY OF LAW SECOND SEMPSTER EXAMINATION, 2019/2829 SESSION TIME ALLO E22 LAWOF CONTRACT HT InsrlLLowen:3 HOURS DATE: 24° July, 2021 INSTRUCTIONS: Answer any two questions from each Section. fiary ftst, Discuss all the issues invelved, ‘dechds thi naaier, and applying the relevant authorities, state how the court would ;. t 1b) Would your answer be different, if Mr. had informed and asyured: i thy vera iar to mee a ce ry Sees Ea balance. Highlight the issues that are involved here, citing relevant authorities (2b) __Resaline requested her relative Madam Iquo Utong, am old and sickly woman of 8S years age to sell her landed property to her, and when she refused, Rosaline threatened to aceuse her being a witch to the community Youths. Afraid of the grewing practice ef mob lynching, and burning of ald people accused of witchcraft by their relatives, and seeing that Resaline started the campaign against her, she sold the propert: to ber tor just NS00,000.00 w nich is 8 one fifth of the value, to avoid being lynched an killed. When it was proved that Madam not a witch, and government having banned the practice of mob lyaching and killing of witches, she has engaged you as ber lawyer to recover her property for ber. Is it considering that she was made to sign 2 contract to sell it. What are the relevant issues authorities? “ Ga) Mr. Ufia entered into a contract to procure 10 hags ef Indian hemp in Cameroon and, to Mr, Musa in Nigeria but the consignment was seized by Custom authorities since the liem t 3 ot 7 ot f t ad 1 Utong te? iF oan i if i involved, citing relevant authorities, ‘ 5 (3h) Cross River State University awarded # construction contract to Perfect Construction Limited, which in turn engaged City Construction Company Limited tw perform it. Since jon, the contract sum has remained uny-aid and City Construction Company Limited has engaged a lawyer to sue Cross River State University for recovery of the amount. Applying relevant authorities, discus the sues avolved and predict the posible eutcome of the case? can ae fe we ¢ .{SECTION B) ANSWER ANY TWO QUESTIONS FROM THIS SECTION SS ——— 1 | Xp 4. 4a ‘The University of Calabar entered into contact wth ver corporate entities Some of these oatst ‘The contrac with Usicem Company Lil for Sihich Unicom: is to supply Ten Trucks of coment 18 Uni 5 the cont of Five thon Naira Only. Accuiding tothe terms ofthe contact, payencat will be effet ter the supply, After the suppty of Five Trucks of coment by Unicem, furthes supply was mo sible bcranae of the lockdown vecasionod Uy k= Cues 19 panemsic. Unical was foxced to sou ‘the reaaiing Five Tracks When the Feder! Govemscat eased the echdown, Uncen attempted ar he emaining fv techs cemen bt his wa ce by Uni. Theater ha alga fied [Pay Unicem for the Five Trucks supplied before the locksawm. unm =. 4m another contac, Unical commnctad with LESOVAL Mators forthe supply of twenty new cuca ‘ekices. In Fine wit tems of the contest, Unica pai the entire contract smth online Wantler LESQVAL Moms and delivery of the cars was to take place twa weeks thereafter. The twenty es ‘weve ecleased by LESOVAL Mators in Lagos for cwward delivery 0 Unical. Unfortunotely, due tot Bink als the -Calibrhighesy, ere a8 ter fe incident at comply destroy stromal cay iaclding the twenty cars meant f° Unica. Both parties ae making claems and court heim. How will you legally balance thee icterest? * aN 4 rare o* Mr Dassey has sland beqacathed to hen and tis youncet Wether by thei ate father. Bassy entered in Natt 1 scl the said land to Me David. Sp far, se has collected the cousiderstion of Five Mills ars om David and signed relevent decinjmts. Basey's younger bother was eblviou of & det tt became avare when avid sated the foxmdation of his building the land Base, contract between Deval and Misty ICT, AAC 4X Dew anes {eek lost afer» yer ago, While going tach some fle consning his ees documents um 4 cova document in which Me Aja was to supply ten wp of chipping wo hs Lee ate te ii. Discuss the fheis sed principles cetablched by the cane of BIMBA AGRO COMPANY LIMITED v LANDMARK UNIVERSITY (2020) 15 NWLR GP. 1748) 265 iii, State the meaning of Quantum Meruit, Scanned with CamScannerUNIVERSITY OF CALABAR, - FACULTY OF LAW MESTER EXAMINATION: 2018/2019 SESSION CIL 232: LAW OF TIME ALLOWED: 3 HOURS, aes INSTRUCTION: Answer two questions from each section on a Separate at CTION |. Applying the relevant rules and authoriti i i how the court will decide on each tae enti the isues involved inthe following cases, and state o : oe who was expecting a shipment of $0 containers of stockfish from Norway, contracted on July consigned the stockfish cmee Aut and collected part payment for it. Unknown to them, the ship that eo ened the stockfish sank at the sea on July 3" and only the crew members were rescued, Uche now sues _ ‘o pay up the balance, while Kalu instead wants refund ofthe deposit that he paid Ale, Eee) agreed to buy a Lexus Jeep Car From Otu for N1,500,000, paid N300,000 in cash, and For Otto gs ane ealance in four monthly instalments, The purchase agreeiment which Bassey prepared seve hin ih stated that he paid the entire purchase price, Oru signed the agreement without reading, and Bie him, together with all the other particulars of the car. Bassey used these documents to sell the car to Udom and disappeared without trace. Because of the unpaid balance of N1,200,000, Otu has sued and, ‘wants to recover the car from Udom. (17% marks). + 3 September, 2019 nswer booklet, 2. Applying the relevant rules and authorities, how the court will decide on each of them: (a) Greatness Breweries Limited, while inviting the public to subscribe for their shares stated that they had been paying dividends in the last five years and that the shares were sold for the purpose of financing expansion. Based on this, Esu subscribed for N20,000,000 shares, He soon discovered that the company had made no profits during these years, that the dividends were paid from Sale of property, and that the new shares were sold to raise money and pay off some debts. Esu fears the loss of his investment, and wants to sue and recover the money that he subscribed. ~~ (0) Chief Agua, -z-Governorsiripreand-dat-ccatreoted to“indamnity the nn Newspapers against the Consequences of any libellous publications aimed at was the rival candidate for the post. Headlines Newspaper then published a series of discrediting articles against Chief Wofai, who sued them for libel. Chief Agba has refused to reimbvsse the damages ordered by. the court as previously agreed, and the management of Headlines Newspapers hs engaged a Barrister to sue Chief Agba for breach of contract, in order to recover the damages. (17% marks) identify the issues involved in the following cases, and state ers_of Headlines 3. Apolying the relevant rules and authorities, identify the issues involved in the following cases, and state how the court will decide on each of them: ae (2) Stanley who negotiated to buy a new coaster bus from Francis, paid N5,000,000 immediately, out of the agreed cost of N10,000,000, the balance to be paid in two weeks’ time when Francis would deliver the bus. Meanwhile, Stanley has contracted to lease it out for six months to Chevron Petroleum Nigeria PLC as staff buss at N70,000 per day, which fact became known to Francis when officials of Chevron Petroleum visited his business premises to examine the bus while still in his possession. Stanley tendered the balance of N5,000,000 as expected but Francis refused to collect it, unless an extra sum of N2,000,000 was added, He threatened to refund the deposit and cancel the sale if the extra sum was net paid. To avoid losing his hiring contract with Chevron, Stanley paid the balance together with the extra sum, collected the bus and leased out to Chevron, and now sues Francis for the extra sum, 5 (b) Cross River University of Technology awarded a construction contract to Bessong Construction Limited, which in turn engaged Ewezu Nigeris Limited to perform it. Since completion, the contract sum has remained unpaid and Ewezu Nigeria Limited has engaged a lawyer to sue Cross River University of Technology to recover the amount. (17/4 marks) tHe Fee Dewle Corpv eee Ve py ford tse (yee ee Cages GU tyectbee ieSECT 2 ER TWO QUE: ‘TION B: ANSWER TWO QUESTIONS FROM THIS SECTION the Cross River State government entered r it ayia che fifty units of CAT WOE baaploue beep Le re Beg Bie valiscol ene coneract bs ve hundred milion naira end M & € ir ospecmy n average of two million naira from Sati teen diianbiwae senulelesi, ta oc each bungalow. Under the contract, the vies LEG a mE 5 mis Leh fe Seah after reaching i a loan ank and has executed the contract Ree rote money from the loan is still with M & G. M & G was planning Wee contract to execute another contract with Yakurr LGA and iucncn aie ie y ps naira from the contract, In a dramatic twist, the Ee ae ye ked the contract citing drop in expected revenue as the siateare Mate ce eee ore truck of cement valued at two million was leftin the aise Seneamee aes ae bad due to rain thereby adding to the loss of M& G. a ea Tene ore Tok eae of the contract, M & G, lost the contract with Yalurr. MA eee z ee for the damage caused it by the government. issues: 1. Remoteness of aoe 2 aa Lara eased acs Hes 3 2. urement of damages, stating the preci; pin the court is likely to award; 3. Mitigation of damages. Wes ¥ fensal ‘a ous NEE ML Ett i assey is a contractor involved in the supply of building materials and building Par projects. He was awarded contract for the supply of twenty trucks of cement for two ——Arimnered iilion naira by the government. Under the contract, the government is required 1o pay Bassey immediately after all the suppliers. After suppling seven trucks Rassey’s business premises was Sealed ane+alt his trucks confiscated by tax authority made it impossible for Bassey to conclude the performante-of the contract and the govérnment has accordingly reftised to pay Bassey. The other contract ing of Ewet Estate ended in problems because Bassey wes accused Bassey had for th of stealing building materials and as a result was prevented from completing the tiling. Bas: s in court to seek payment for the supply and work done in both contracts. With the aid of case law advise Bassey. Would your advice be different if ensuing legal “ons, NOMINEE and obliteration of subject matter manifested In these transactions? q into a contract in which Basse; five million naira. In furtherance to the performance of the contract, David pai¢ the contract sum and also deposited some building materials on the !and. David's plan is t0 start construction by November when the rains would have ceased. Meanwhile, Bassey felt cheated when a new buyer was reacly to pay ten million naira for the same land. He quickly took advantage of this opportunity, sold the land to the new buyer and perfected all documents in favour of To avoid problems, Bassey has pald five million naira into David's account as a refund. The new buyer is currently puilding on the’ land. Aggrieved and confused, David ran to your firm for legal solution. With the aid of case Jaw and relevant ples, advice David on the possible remedies available to him, Your answer + should encompass a comprehensive step by step solution designed to arrest the situation and ultimately restore the rights of David. ue Ove be Yor *: & of cement vari 6. Mr, Bessey and Mr David entere ry agreed to sell his land situate at State Housing to David for the new buyer. legal prinaR Ea, cA «= ——— a y SECTION P: ANSWER TWO QUESTIONS FROM THIS SECTION ‘The Cross River Stute govermfierit entered into a contfact with M & G [Ad for construction of fifty units of three bedroom bungalows for public servants The aggregate value of the contract Is five hundred evil naira and M & G is expected w make an of two mill low, Under the contract, the er rece py W.8 Ci. een RE at ‘specified milestones. M & G 7 loan from Global Bank and has executed the contract ofr parton naman errs Yuh use the gains from this contract to execute another contract with Yakurr LGA and they would have made forty nilion naira from the contract. {n a dramatic twist, the “government suddenly revoked the contract citing drop in expected revenuie as the reason. Due to this revocation, one truck of cement valued at two million was left in the ibullding ite ond is now completely bad due to rain thereby adding to the loss of M4 G Also, '2 result of the revocation of the contract, M & G, lost the contract with Yakurr. ~ M &G is now in court tw seck far daniages for the damaze caused jt by the government You have been consulted to advisd M-& G on how the Court wil) decide tn¢ following © issues: 1. Remoteness of damages; 2. Measurement of damages, stating the precise amount the courts tikely to award; 3. Mitigation of damages is aConmractot Involved in the supply of building materials and building Eageeestethewey awed rootrect fr the supply of ewemty wucts of cement for one i mi ira by thé Under the contract, the governinent is = ny esse; ech “ a maga = _gi ciment, Bassey’s business premises was sealed and all his trucks confiscated hy tax ty. This made it impossible fomBxG8eY Yo conclude the performance of the ‘and the government has accordlugly refused to pay Bassey. The other eoritract ‘Lassey had for the tiling of Ewet Estate ended in proBlems because Bassey Wes atc \iedt ‘ of stealing building materials and as a result was prevented from completing the Wie " assey 1S'in court tO sgek payment for the supply and work ¢ Both contracts. “oyyith the ald’ of case law ailvis® Battey. Would your advice be ¢! Hf ensuing leaf Pi eda oa, TSpflict and obliterciion oPgubject matter manifested tn these transaction? Mr. Bassey and Mr David entered into » contract in which Bassey agreed to sell his land Ur sftuare at State Housing to David fur five million naira, dn furtherance to the 7 ff the contract, David paid the contract sith and also deposited some»! building materials on the land, David's plan is to start construction by November when, e the rains would have ceased. Meanwhi'e, Bassey felt cheated when 3 new buyer was ‘ready to: pay ten million naira for the same land. He quickly took pdvantage of thls opportunity, sold the land to the mew buyer and perfected all documents in favour of the-hew buyer. Td avoid problems, Bassey has paid five million saira into David's Account as # Fefund, The mew buyer Is burrently building om the’ Ind. Aggrieved and ‘confused, Davidean to your firw for tegn. solution, With the aid af case law and relevant legal principles, advice Qavid a0 thé posible remedies gvaitanle 20 Ihe. Your apewer should encompass @ ¢oniprehensive swep by step seut go dellgned. to arrest ‘sitydtion apd Ultimately ressuf® tag rigtts of David nile mistake aets th podeLAW OF CONTRACT CONTINUOUS ASSESSMENT 1) — Me. Taboth is # contractor ‘and alse amusician. Taboth was contracted to fing as the tead Singer inp birthday ceremony organized by Mr. Igelle. The Venus for the birthday, vas Spolocommunity of Ukelle ia Yala Local Governors Area Cova Tver sul ani 1 ill ond coud rivt: peter as he Was fusticd to the hospita Disappointed at the ‘siaiGen, Nw. Tgefte quickly mode an alternative arrangement of contracting” & nother group of singess led by Akporo to perform ov his birthday. Regrettably, | war broke dut between the Izzi people of Ebonyi, state a1 rita th Of Cross River State on the date of Mt, Igetle’s birthday. ‘This incident cased the singers to run away for their dear life. In desperation, ‘Mr. Igelle quickly arranged for 1 venue for the birthday which js not in a war zone, but the singers led by'Akporo refused to go and perform jing that the contract is terinnted, On the gam events The caterer, Miss Chioma who is also # police 4 Lele - officer whom "tA cantfnctesgo cook for the birthday was peoad to Bkiti ” state for an election duty and wasnot available to cook the electora while during thet period, the Logs) Gevemnment “Authority gave a mandatory directive outlawing, ONY ceremony of whatever forin in the vicinity because of securtty chal! 7 a i Ge elle Furthermore, in order to look goracous on his birthday, Mr. <= 1 mad é ‘an order for a size 41 gueci die from Mr. Tohny’s fashion. Mr. Johny’s then {Relkfs Feected it saying that he needed supplied a Gucei shoe to C2" walle white colour Gucci shoe an’ ‘breach of contract. Tdentify all the issues raised in (his scenario, supp’ NT ae La Ma Ee 4 decided to sue Johny’s for orting your answers with or fase* Ye inevaragt = LAW OF CONTRACT: CHL agp SEMES ES 20192820 SESSION INSTRCTION; ANSWER ANY ~HIME ALLOWED; Spite. FOUR QuESTIONS January 27, 2023 ” pase peice was paid. Mr. Koko signed the sgrecaest without reading and Valour esed it sell te car to Glodia and dissppeated without trace. Because of the unjaid at-oce of N1,600,000, Koki wants to recover ae Discuss the relevant yeis:iples x authorities, and suite the legal position. Woice Pre u meets ¢ Aye Ve Sels; ye Benk PLC for the amount. Applying relevant 2 discuss the issues involved and predict the possible olltcome of the eave. (17 V4 marks) 3, Discuss with =e the meaning and types of illegal contracts, and tdicate when, if at mae all. person will be able to recover moncy raid under en illeyal contract (17 Yoenarkss) os * 4: Inthe course of negotiations for the sale of his business, Eze who is the seller informs Nkanws of ; : eet r - Y ~ a A - 5 (a), Discuss the Dye Tactee of ypcitic porkgcmnnag and: Gi) an ~njunctigd would likely be awarded for bred of c2naroct (HS macks) © "%b)_. Ifa contract is repudiates by the other party before wet date of yw alieuss the aetions/options that are open tos ined pty 8% marks) 6. Effiom paid N80,000,000 10 Invormationg! Motors Limited for gdirchase of (wo ‘brand new Nissan 60-seater hncusious tea: w be Gere! ow 31" of Gotober 2022 when the balgnce of N20,000,000 would be paid. Steanwh'ls, ffrom has contracted to tease out the two pew buses for-one year cach in the first Rstancs, . Continental Petoigen: Nigeria PLC at ‘Nt per day, This fact became Keown tc .. -rmational Limited when officials ‘6F the Continental Petroleum Nigeria PLC iospectod 1 ‘while still in the premises of International Motors Limited. Efiom temored st Gslance of N20,000,006 + expected. but it, wnters an extra sum of N20,000,000 was added. the sale ifthe exury sum was not pid, To avoid Josing his hiring contract with Covticen' Foto Lnina, YAY pa te together ‘wiffrtig extra surn, collected the buses ant trast «r -16 the oil company. and is now wondering whether he ean recover the extra sum from '* erp.tioaal Motors Limited. Applying the necessary tuthorities, discuss the relevant principles imyr/ves eve and bow thisjroue can be resolved by the ‘court. (17 44 marks Sherine EMganyCOMPILED BY AFFIA BLESSING ETIM VICE PRESIDENT LAWSAN UCC, 2021/2022.