1.

The determination whether a contractual statement is a contractual term or

mere representation is a challenging one, as there is practically a thin line
between both. To aid this determination however, the Courts have over the
years enunciated some guiding factors to test whether a statement could be
regarded as a contractual term or mere representation. With the aid of
relevant judicial authorities, enumerate and discuss extensively these
guiding factors. 15 marks

2. It is trite that intending parties have a right to contract, and are therefore free
to determine the terms of their contract. Thus, it is not the function of the
Courts to make contracting parties’ contract for them. However, in
exceptional cases, the law may imply terms into a contract. With the aid of
relevant statutory and judicial authorities, discuss the categories of terms
that may be implied into a contract. 15 marks

3. Mrs. Williams was traveling from Lagos to Abuja on an Overland aircraft.

While on the plane, she stood up to make use of the rest room. While at the
rest room, the plane encountered a serious turbulence as a result of which
Mrs. Williams hit her head against a ceramic basin and was severely
injured. Mrs. Williams brought an action against Overland Airways for
breach of contract. The airline seeks to rely on an exclusion clause
contained on their booking site and on the flight ticket stating ‘where a
passenger occupies a seat on a plane fitted with a safety belt, neither the
airline nor its operators will be liable for any injury arising from an accident if
the safety belt was not worn at the time of the accident’.
(a) Examine whether Overland Airways can successfully rely on this clause
to exclude its liability for Mrs. Williams injury. 10 marks
(b) Discuss the enforceability of the clause where Mrs. Williams brings an
action against the Captain of the flight specifically instead of Overland
Airways. 5 marks

4. (a) Peter is a musician who produces his music by himself for sale on the
internet. To speed up his music production process, he decides to purchase
a new production machine, which will be better than his old machine, but
with a budget of N250, 000. He approached an agent of Music Machines
Ltd. who recommended a N500, 000 machine he claims is 10times quicker
and better than his old machine. Elated at this disclosure, Peter left to seek
for more cash since the cost price was way above his budget. Peter returns
six weeks later to purchase the machine, with a written contract executed by
both parties. When Peter tried using the machine a week later, he found out
the machine is neither quicker nor better than his old machine. In fact, the
machine makes a loud grinding sound when in use. Peter has approached
you to know of any remedy available to him in law. With the aid of judicial
authorities, explain to Peter what his remedies are. 10 marks
(b) Would your answer be the same where the agent of Music Machines
Ltd., after making his recommendation, advised Peter to seek an
independent expert to verify the quality of the machine? 5 marks