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Can The Law Enforce Contract Payments In This Case? - Career - Nairaland

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Can The Law Enforce Contract Payments In This Case? by asalimpo(m): 10:06pm On Dec 12, 2014
I got into a verbal contract with somebody to perform a servce for him.
Halfway thru, i felt the terms were unfair,they really were, and reviewed my rate higher.
The fellow backed out. No problem.
I requested paymnt for the partial work i'd done, since i've already delivered 50% of d goods.
Fellow refuses to pay.


I want to know,
does nigerian law enforce paymnt for partial completion of contracts?
Does nigerian legal system recognise unconscionable contract and allow for adjustmnt of previous contract terms on this basis?

# I dont want to go into details..
Re: Can The Law Enforce Contract Payments In This Case? by WaleGent(m): 10:25pm On Dec 12, 2014
Don't know of Nigeria's law system.
Buh in contract terms, you have terminated the contract your self and I don't think you have any claim.
Once you have accepted to do a contract, you can no longer review your prices. You can only persuade the person may be to add something for you if you feel the terms does not favour you.

The other party can sue you for backing out.
Re: Can The Law Enforce Contract Payments In This Case? by asalimpo(m): 8:23am On Dec 13, 2014
WaleGent:
Don't know of Nigeria's law system.
Buh in contract terms, you have terminated the contract your self and I don't think you have any claim.
Once you have accepted to do a contract, you can no longer review your prices. You can only persuade the person may be to add something for you if you feel the terms does not favour you.

The other party can sue you for backing out.
how about a case of unconscionability. I know,from txtbook law, tht a contract can be rescinded because of it being duly unjust on one parties side (the performing party).

2. Assuming one contracted to build ,say, a house or road, then completed it half way and decide to change d price because the initial price was going to leave him with little or no profit, does it mean, in d case the client refuses to agree to the new contract terms, tht the contractor cannot request payment for previous performance? I.e to b reimbursed for the portion he has already performed based on the old contract . Will the law not even consider tht he has spent resources and labour , and shud b reimbursed?
Tht wud b mean on d part of d law. Really mean. The other party,if refusing to go along,shud at least make the receivg party pay for d portion of d services consumed.

If you are a lawyer, put me thru. Thanks.
Re: Can The Law Enforce Contract Payments In This Case? by WaleGent(m): 10:19am On Dec 13, 2014
I don't think there's 'Unfair contract term' in Nigeria law system.
Like I said earlier just try and persuade the person to see reason with you, and you guys reach a compromise. You have no case and you can even get sued for breach of contract (for not fulfilling your part of the agreement.).

I'm not a lawyer and don't know more about Nigeria law system. I gave you the context base on UK law on contract.
Maybe you should consult a lawyer on how to go about it.
Best of luck my brother.
Re: Can The Law Enforce Contract Payments In This Case? by asalimpo(m): 5:31pm On Dec 13, 2014
I consulted a lawyer who said something similar. But i think, he is ignorant and not really keen on helping out(just wanted to cream some feez of me). I mention unconscionability bcause it is a case for dissolution in U.S (business) law. The fellow in question isnt interested in a resolution. Thanks for your input.

Wikipedia has a long article on this and it is justifiable grounds in u.s,canada,australia and britain. I'm suprised it isnt so here. Mayb d lawyer i met is ignorant .. Maybe.
He didnt bring up the term or consider it wen i brokered it.
Re: Can The Law Enforce Contract Payments In This Case? by JamesBrown11: 12:24pm On Sep 18, 2017
Can the law enforcement contract payments in any Case around two gatherings agree authoritative obligation is suggested to as a "term" of the contract rule.Attorneys separate legally compulsory terms into guarantees and conditions.

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