Defending Implied Contract Breach

Summary

Implied contracts in Nigeria are formed through actions or circumstances rather than explicit terms. Defenses against breach include lack of mutual consent, absence of consideration, and unclear terms. Courts assess the context and relationship between parties to determine enforceability. Understanding these defenses can help in legal proceedings related to implied contracts.

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defence of implied contracts, under Nigerian law
Under Nigerian law, implied contracts are agreements created by actions or circumstances rather than explicit written or spoken terms. Here are some key points about implied contracts:
- Implied contracts arise from the conduct of parties.
- They are enforceable if intention and mutuality can be inferred.
- Courts consider the context and relationship between parties.
Do you need specific information on how to defend an implied contract case?
Defences on breach of implied contract
To defend against a breach of an implied contract under Nigerian law, consider the following defenses:
- Lack of mutual consent: Show that both parties did not intend to enter into an agreement.
- Absence of consideration: Demonstrate that no valuable consideration was exchanged.
- Lack of clarity: Argue that the terms were not clear or definite enough to form a contract.
Do you need further details on any of these defenses?