Consensus in Contra...
 

Consensus in Contract  

 

 Anonymous
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02/07/2019 7:38 am  

Tafida &Another v Garba(2013) LPELR - 22076(CA)

CONSENSUS IN CONTRACT: The basis of the law of contract 

"...The entire law of contract is founded on the "consensus" or "will theory of contract which asserts that contractual obligations are by definition self-imposed and in terms of the function of the Courts, finds expression in the idea that the exclusive task of a Court in contract cases is to discover what the parties have agreed, and give effect to it except in cases of mistake, duress and illegality. As every contract derives its effect from the intention of the parties, that intention, as expressed or inferred, must be the ground of every decision respecting its operation and extent, and the grand object of consideration in every question with regard to its construction." I answer the question posed by the learned Counsel for the Respondent as to the intention of the Parties when they entered into Exhibit 1, that, they intended to be bound by the terms of that agreement and since the Respondent had fulfilled his side of the bargain following their consensus ad idem, the 1st Appellant must also perform his own part." Per AGUBE, J.C.A. (P. 68, paras. B-G) 

Source: law pavilion


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