In Nigeria, implied terms are read into the contract by either the conduct of the parties, or operations of law or by the custom or usage of the trade to which the transaction relates. Implied terms often flow or read into the express terms of the contract. The Public Procurement Act, 2007 (the “PPA”) is the primary legislation which establishes the National Council on Public Procurement and the Bureau of Public Procurement (the “Bureau”) as the regulatory authorities responsible for the monitoring and oversight of public procurement in Nigeria. LAW OF CONTRACT. CONTRACT– TERMS OF CONTRACT- PARTIES MUST BE AD IDEM AND ARE BOUND BY THEM. PRACTICE AND PROCEDURE– PRE-JUDGMENT INTEREST – WHEN CAN BE AWARDED BY THE COURT. “In the absence of any specific provision for the payment of interest in the contract agreement, the court cannot award interest” Per F.F. Tabai J.S.C. In addition to casual employees having legal rights to be given written contracts of employments, to enjoy break-time, have regularity in the payment of their wages and take maternity leave, all employees in Nigeria, including casual employees, are also entitled to earn the minimum wage as guaranteed under the National Minimum Wage (Amendment) Act 2011.
Section 9(1) of the Labour Act provides that employment contracts shall not be binding on the family or dependents of worker unless it is expressly stated. (a) the wages of a worker shall in all contracts be made payable in legal tender and of workers recruited for employment outside Nigeria, at the last place of
In Nigeria, implied terms are read into the contract by either the conduct of the parties, or operations of law or by the custom or usage of the trade to which the transaction relates. Implied terms often flow or read into the express terms of the contract. The Public Procurement Act, 2007 (the “PPA”) is the primary legislation which establishes the National Council on Public Procurement and the Bureau of Public Procurement (the “Bureau”) as the regulatory authorities responsible for the monitoring and oversight of public procurement in Nigeria. LAW OF CONTRACT. CONTRACT– TERMS OF CONTRACT- PARTIES MUST BE AD IDEM AND ARE BOUND BY THEM. PRACTICE AND PROCEDURE– PRE-JUDGMENT INTEREST – WHEN CAN BE AWARDED BY THE COURT. “In the absence of any specific provision for the payment of interest in the contract agreement, the court cannot award interest” Per F.F. Tabai J.S.C. In addition to casual employees having legal rights to be given written contracts of employments, to enjoy break-time, have regularity in the payment of their wages and take maternity leave, all employees in Nigeria, including casual employees, are also entitled to earn the minimum wage as guaranteed under the National Minimum Wage (Amendment) Act 2011. It formerly used to be the position of the law in Nigeria that an infant/child was one who had not attained the age of 21, accordingly, a person who had not attained the age of 21 lacked capacity to enter into a contract; this was the position of the law under the Infant Relief Act of 1874 This position has been altered by the Child’s Right Act. The major reception act in Nigeria is the Interpretation Act. The Interpretation Act receives English law in S.32(1) which provides that the rules of common law, the doctrines of equity and statutes of general application which are within the competence of the federal legislature in existence before 1900 shall be in force in Nigeria. law courts in Nigeria. The illegality may be borne out of sheer ignorance or mere mischief. The law here guides against the misuse or misapplication of the formation of the various steps or stages obviously involved in the formation of a truly binding contract which the law can enforce giving the peculiarity of the Nigerian terrain.
In addition to casual employees having legal rights to be given written contracts of employments, to enjoy break-time, have regularity in the payment of their wages and take maternity leave, all employees in Nigeria, including casual employees, are also entitled to earn the minimum wage as guaranteed under the National Minimum Wage (Amendment) Act 2011. It formerly used to be the position of the law in Nigeria that an infant/child was one who had not attained the age of 21, accordingly, a person who had not attained the age of 21 lacked capacity to enter into a contract; this was the position of the law under the Infant Relief Act of 1874 This position has been altered by the Child’s Right Act.
6.3 Sale of goods distinguished from other forms of Contract. Omojola's General Principles of Business and Co-operative Law in Nigeria, Lagos Darkol press