Contract (136)
HELD:
"By express agreement, parties may agree that their contract shall be terminated and in that case their respective obligations are to be totally or only partially discharged depending upon the terms of the agreement.
HELD:
"It is settled law that where a person personally guarantees the liability of a third party by entering into a contract of guarantee or suretyship, a distinct and separate contract from the principal debtor's is thereby created between the guarantor and the creditor.
HELD:
"It must always be borne in mind and this is also settled firstly that where a contract (which includes contract of employment), involves several documents, the trial court can only determine the issues before it, on the basis of the documents including letters relating to the contract and the conduct of the parties.
HELD:
"Also settled, is that in the interpretation of a contract involving several documents, the documents, must be read together.
HELD:
"I do not want to lose sight of the fact that in the present case, it is the defendant/respondent who is contending that the plaintiff/appellant had made some representations to him which representations find expression on her desire to give up all her legal rights on the parcel of land on which he (defendant/respondent) has built on or was building on, and that for a consideration.
HELD:
"It has to be stressed and this is also settled.
HELD:
"It is the law that parties to an agreement retain the commercial freedom to determine their own terms.
HELD:
"Time will be of the essence if the contract expressly states it or if there are clauses to show that parties intended time to be of the essence. This was not so in this case. See WARNER & WARNER INT. LTD V F.H.A (1993) 7 SCNJ 1." See FAWEHINMI v. GLOBE MOTORS HOLDINGS (NIG) LTD (2017) LPELR-42887(CA)Per NIMPAR, J.C.A. (P. 24, Paras. B-C)
HELD:
"As stated by the Apex Court in the case of NBCI vs. Integrated Gas Nigeria Limited (supra).
HELD:
"... once a contract has been entered into by parties, they are bound by its terms and no one can read into the agreement, the terms on which the parties have not agreed to, see AGBAREH & ANOR V MIMRA & 2 ORS (2008) VOL. 2 MJSC 134."
