₦airaland Forum

Worldmarks:
Please, bring the prospective client and with that you can prepare the documents
Thanks

okay sir I will do that

Worldmarks:
N65m Very Affordable Chevron Lekki Detached Duplex

4Bedrooms Fully Detached Duplex with Bq for sale!

Location: Chevron Lekki, Lagos

FEATURES:
Detailed Finishing
Brand new
Clean water
Secured estate
Good Compound space
Fully Fitted Kitchen
Serenity
Water Heaters
Pop Ceiling
Jacuzzi

Price: N65m

Title: Governor's Consent

Enquiries|| Inspection|| Purchases|| Call/Whatsapp
+2348069017662
+2348173128081
info@worldmarksproperties.com.ng
Instagram: @worldmarksng
Facebook:@Worldmarksproperties
Twitter: @worldmarksng

Can I prepare the Deed of Assignment for the prospective buyer

CONTRACT DEFINED
A contract is a legally enforceable agreement. Orient Bank (Nig.) Plc v. Bilante Int’l Ltd. [1997] 8 NWLR (Pt. 515) 37.
“A contract is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.” Enemchukwu v. Okoye [2017] 6 NWLR (Pt. 1560) 37 at 55-56 CA.

CLASSIFICATION OF CONTRACTS
Formal Contracts & Simple Contracts
Express & Implied Contracts
Bilateral & Unilateral Contracts
1. Formal & Simple Contracts
A formal contract is a contract under seal, also known as a deed.
An Implied contract is contract other than a formal contract which may be oral (parol) or written.
2. Express & Implied Contracts
An express contract is a contract whose terms are clearly stated and agreed upon.
An implied contract is a contract whose terms are not expressly stated but come into existence by the conduct of the parties.
Brogden v. Metropolitan Railway Co.

3. Bilateral & Unilateral Contracts
A bilateral contract is a contract formed by an exchange of promises regarding an obligation to be performed in the future. Amana Suits Hotels Ltd. v. P.D.P. (2007) 6 NWLR (Pt. 1031) 453 at 478 Para. F (CA).
A unilateral contract involves the making of a promise by one party and the actual performance by another party based on that promise. It is unilateral because only one party makes the promise and the other party enters into the contract by acting, as he is otherwise not obligated to act. Amana Suits Hotels Ltd. v. P.D.P.; Carlill v. Carbolic Smoke Ball Co.

FORMATION OF A CONTRACT
A contract is formed if the following elements or ingredients co-exist:

Offer
Acceptance
Consideration
Intention to enter into legal relation
Capacity to contract (to be treated much later). See BPS Construction & Engineering Co. Ltd. v. F.C.DA. [2017] 10 NWLR (Pt. 1572) 1 at 25-26 SC.
Offer

“An offer is a definite undertaking or promise made by one party with the intention that it shall become binding on the party making it as soon as it is accepted by the party to whom it is addressed.” Orient Bank (Nig.) Plc v. Bilante; Ojo v. ABT Associates Incorporated [2017] 9 NWLR (Pt. 1570) 167 at 188 CA.

1.An offer must be precise and unequivocal.
2.An offer can be made to an individual, group of
individuals as well as the whole world. Carlill v. Carbolic Smoke Ball Co.
3.An offer can be made expressly or by conduct.
An offer must be clear and final.
Invitation to Treat vs Offer.

An invitation to treat is not an offer. It is an invitation to another person to make an offer.
An invitation to treat is not capable of being accepted.
An invitation to treat is not binding.
It is the first step in negotiation for a contract. BPS Construction & Engineering Co. Ltd. v. F.C.DA.
Examples: call for a bid during auctions (Payne v. Cave); display of goods in shelves and showrooms (Pharmaceutical Society of Great Britain v. Boots Cash Chemists); advertisement of goods and services in catalogues; invitation to tender/submission of bids for projects like in construction, passengers waiting at bus or train stations, etc.
Termination of Offer.

An offer may be terminated by:

Revocation
Lapse of time
Death
Rejection
Revocation

Revocation means termination or withdrawal of an offer by the offeror.
Revocation must be communicated before acceptance. Routledge v. Grant.
In unilateral contracts, once performance commences, the offeror cannot revoke the offer as acceptance is taken to have been made; but completion of performance is a condition precedent to the offeror’s liability to perform his promise. Errington v. Errington; Hassan v. Obodoeze (2012) CA/J/172/2006.
If notice of revocation reaches the offeree through a reliable third party, it is valid. Dickinson v. Dodds.
Lapse of Time

Where an offer is said to be open for a specific period, it will lapse (expire) at the end/expiration of the stated period. Amana Suits Hotels Ltd. v. P.D.P.
If no period was stated, it shall lapse after a reasonable time.
The facts and circumstances of each case would determine what time is reasonable. Ramsgate Victoria Hotel v. Montifiore; Loring v. City of Boston.
Death

Death of offeror or offeree can terminate an offer.
Where the offeree has notice of the death of the offeror, the offer is gone.
Where the offeree does not have notice of the death of the offeror, the offer cannot lapse if the estate of the deceased offeror can perform. Bradbury v. Morgan.
Rejection

The offeree has the option of acceptance or outright rejection of the offer. Amana Suits Hotels Ltd. v. P.D.P.
Rejection of an offer by the offeree terminates the offer.
A rejection can only terminate an offer when communicated to the offeror. Until then, the offeree can accept the offer before any notice of rejection reaches the offeror.
A counter-offer (see below) is an expression of rejection of an original offer.

Acceptance
Acceptance means an expression of assent to the terms of an offer.
“An acceptance of an offer is the reciprocal act or action of the offeree to the oferror in which he indicates his agreement to the terms of the offer as conveyed to him by the offeror.” Ojo v. ABT Associates Incorporated.
There cannot be an acceptance if there is no offer, as both must necessarily be linked to one another.
Acceptance may be in writing (documents exchanged by parties), orally or by conduct. Union Bank v. Ozigi [1991] 2 NWLR (Pt. 176) 677.
Acceptance must be final and unqualified or unconditional.
It must be clear.
Acceptance must be communicated to the offeror. Mental assent or silence is not enough.
In certain cases, the requirement of communication might be waived as in unilateral contracts such as in reward cases. Carlill v. Carbolic Smoke Ball Co.
Acceptance may be revoked before it reaches the offeror.
Acceptance becomes effective generally, when received by the offeror.
Acceptance communicated via post is effective at the time the acceptance letter is posted. Adams v. Lindsell. Household Fire Insurance v. Grant.
Exceptions to the Rule in Adams v. Lindsell:

Where the terms of offer expressly or implicitly requires that acceptance must reach the offeror.
Where the application of the rule would amount to absurdity and extreme inconvenience.
Where the letter of acceptance bears the wrong address of the offeror or not properly stamped.
Where the acceptance letter was not properly posted.
Counter-offer, Cross-offers, Acceptance in ignorance of offer.

A qualified or conditional acceptance is not an acceptance.
Conditional acceptance may be in the form of acceptance subject to contract. UBA v. Tejumola (1988) 19 NSCC (Pt. 1) 945; Cohen v. Nessdale.
“Subject to Contract” simply means a contract made subject to fulfilment of certain terms.
Where a contract is made subject to the fulfilment of certain specific terms and conditions the contract is not formed and not binding unless and until those terms and conditions are complied with or fulfilled. Best (Nig.) Ltd. v. Blackwood Hodge (Nig.) Ltd. (2011) 5 NWLR (Pt. 1239) 95.
Conditional/qualified acceptance could at best be a counter-offer.
A counter-offer cancels the original offer and becomes a fresh offer subject to acceptance. The legal effect of a counter offer is to repudiate or discharge the original offer so that it cannot subsequently be accepted by the offeree. Best (Nig.) Ltd. v. Blackwood Hodge (Nig.) Ltd.
There cannot be acceptance in ignorance of offer. The party accepting must be aware of the offer and its terms.
An offer made to another in ignorance that the offeree has made the same offer in like terms to the offeror cannot amount to acceptance. What we have are merely cross-offers.

Consideration
Consideration simply means something of value in the eyes of the law exchanged by parties to a contract.
Consideration is the inducement to a contract. it is the cause, motive, price or impelling influence which induces a contracting party to enter into a contract. It is the reason or material cause of a contract. Ojo v. ABT Associates Incorporated.
Only a party who has furnished consideration can enforce a contract. Cardoso v. The Executors of the Late J. A. Doherty.
Proof of consideration is not required in contracts under seal.
Consideration could be in the form of:
Some right, interest, profit or benefit accruing to the one party; or
Some forbearance, detriment, loss or responsibility, given, suffered or undertaken by the other. Currie v. Misa.
Moral obligation is not consideration.
Natural love and affection is not consideration. Eastwood v. Kenyon; Faloughi v. Faloughi.
Benefit or promise exceeding what a contract specifies cannot be enforced in the absence of consideration.
Types of consideration:
Executory consideration –exchange of promises to perform an act in the future such as in bilateral contracts.
Executed consideration – where an act is exchanged for a promise such as in unilateral contracts.
Rules governing consideration –

Consideration must move from the promisee:

That is, consideration must flow from a party to the contract and not any third party.
Past Consideration:

The rule is that consideration must not be past.
Past consideration is an act done or promise given before a contract is made.
Consideration in one particular contract cannot suffice in a fresh contract as it is deemed past or exhausted. Akenzua II, Oba of Benin v. Benin Divisional Council.
Past consideration is no consideration. Promise supported by past consideration is unenforceable.
Exceptions – (Pau On v. Lau Yiu Long).

An act already done before the making of a promise may constitute valid consideration if:
a) The act was done at the promisor’s request (Lampleigh v. Brathwait);
b) The act was performed on the understanding that it would be paid for (Re Casey’s Patents); and
c) The payment must have been legally enforceable had it been promised in advance.
Adequacy of consideration:

Adequate consideration refers to a price which is equal in value for an act or a thing for which it is given.
The general rule is that the courts will not inquire into the adequacy or fairness of consideration because parties have freedom of contract. S.P.D.C. (Nig.) ltd v. Allaputa [2005] 9 NWLR (Pt. 931) 475 at 500 Paras. C-D(CA); Royal Exchange Assurance Nig. Ltd. v. Aswani Textiles Industries Ltd. [1991] 2 NWLR (Pt. 176) 639.
This is based on the doctrine of freedom of contract.
However, consideration must be something of value in the eyes of the law. Consideration must therefore be sufficient.
Sufficiency of consideration:

Sufficient consideration means consideration deemed by law to be of some value to support the contract between parties.
Characteristics

Sufficient consideration need not be something of eceonomic value. Chappel v. Nestle.
It must be something owned by the contractual party or to which he is entitled.
It must be what the contracting party demanded for.
It must be reasonably ascertainable or definite but not vague. Dunton v. Dunton.
Insufficient consideration:

This include:
Past consideration: (Already discussed above).

Performance of pre-existing duty:

Performance of existing duty cannot constitute consideration.
The general rule is that a party cannot enforce a promise made to him in return for his performance of, or promise to perform a public duty or duty imposed by law. Collins v. Godefroy.
However, if the party acts or promises to act in excess of the said public duty, this is valid consideration. Glassbrook Brothers Ltd. v. Glamorgan County Council.
Similarly, a party cannot enforce a promise made to him in return for his performance of, or promise to perform an already existing contractual duty. See Stilk v. Myrick.
However, if the party acts or promises to act in excess of the said already existing contractual duty, this is sufficient consideration. Hartley v. Ponsonby.
Performance of an already existing contractual duty is sufficient consideration for a fresh promise by a third party. Scotson v. Pegg; NBN v. Savol [1994] 3 NWLR (Pt. 333) 435.
Illusory promises:

Illusory promise is a promise that is unenforceable due to indefiniteness or lack of mutuality, where only one side is bound to perform.
Moral obligation. (Already mentioned above).

Lesser payment/performance in discharge of an obligation/ debt:

The general rule is that part payment of a debt or payment of a lesser sum cannot be satisfaction for the whole as same does not amount to good consideration. Pinnel’s Case; Foakes v. Beer; Panabiz Intl. Ltd v. Addidon Nig. Ltd. (2016) LPELR-41350(CA).
It is taken that no consideration was furnished for the balance forgone.
It is immaterial that the plaintiff consented to the lesser payment/performance.
Exceptions:

If upon the creditor’s request and acceptance, part payment is made before the due date, then the payment is good consideration.
Payment of a lesser sum to be made at a different location upon the creditor’s request and acceptance is good consideration.
If upon the creditor’s request and acceptance, a different item is provided by the debtor in satisfaction of the whole amount, it is good consideration.
Above all, if it will be unjust for the plaintiff to insist on the full sum/performance after consenting to the lesser payment/performance, the plaintiff would be estopped from insisting on his strict legal rights. This is called equitable or promissory estoppel. See Central London Property Trust Ltd. v. High Trees House Ltd (The High Trees case); Combe v. Combe; Also Estoppel by conduct. Section 151, Evidenc Act, 2011. See A.G. Nasarawa State –v- A.G. Plateau [2012] 10 NWLR (Pt.1309) 419.
NB: The underlying point is that the introduction of a new element as seen above may be of some more beneficial interest to the creditor. In which case, the debtor is deemed to have furnished consideration.
Requirements for the operation of promissory estoppel:

There must be in existence two contracting parties who are contractually bound, or who but for the representation could have been contractually bound;
There must be a representation relied upon resulting in something different from what was agreed between the parties. It is not necessary that there should be detriment in the sense of loss or damage suffered by the party relying on the representation or promise;
The representation is not necessarily supported by valuable consideration. It is sufficient merely if it is a promise which has been relied upon.
BPS Construction & Engineering Co. Ltd. v. F.C.DA. [2017] 10 NWLR (Pt. 1572) 1 at 38.

Intention to Enter into Legal Relations

This is an intention to enter a legally binding contract.
Intention to enter into legal relations is presumed to exist in some cases; whereas, in some other cases, it is not.
Where the intention is said to validly exist, the contract is enforceable. Where it does not, the contract is unenforceable.
Domestic/Family and Social Arrangements:

Generally, it is presumed that family/domestic and social engagements (and other interrelated cases) do not create legally binding contracts. Balfour v. Balfour.
Examples – agreements between spouses; parents and children; friends, etc.
Exception:

The presumption that family/domestic and social engagements do not create legally binding contracts can be rebutted in certain instances.
Examples – agreement between spouses no longer living in amity (McGregor v. McGregor; Merritt v. Merritt ); social or domestic agreement involving great sacrifices (Parker v. Clark ).
Commercial Agreements:

Commercial contracts are generally binding in majority of the cases.
Exception:

Where the agreement or ‘contract’ expressly excludes any intention to create legal relations. E.g. “honour” clauses in football pool coupons. See Amadi v. Pool House Group and Nigerian Pools Co.




For more information contact me on 08124890654

yembabs231:
Good days guy

Has anyone heard of Gracious lands before? they are advertising land sales on FB, I just want to know if they are real and legit before I do deal with them.

Anyone with useful information should share.

chat me up on 08124890654.I can assist you to confirm if they are genuine or not.

Thank you

Dosvedanie:
I need a professional lawyer based in Ogun (Abeokuta).

I am a lawyer proficient in property transactions and based in Lagos but can travel down to Abeokuta for any deal.

Please chat me on 08124890654.

Treash:
Oga, you don't belittle yourself. You're a professional. Someone says just a little job and u said sure, coz of the stipend you want to collect. Can u quantify the service of a lawyer?

There is no belittling here. I handle pro bono cases, so the fact that I am assisting him does not in any way mean I am hungry. I just want to help out.

Gokoyer0:
I need a lawyer that can quickly check this contact of sales of a landed property from one of this real estate agent for me?
It's just a small job o.

sure chat me on 08124890654

Abe123:
Dear Investors,

NEW HOWO TIPPERS ON LEASE BUT WITH 20% DOWN PAYMENT AND BANK GUARANTY

We are sales partners and consulting for a company selling new tear nylon Tipping trucks.

The Tippers are assembled at Ibeju Lekki Lagos -Nigeria

Take up price #35million

Lease buy requirement:

---

client must have 20% down payment

---

Bank guaranty

---

and probably a job order

Also we have links to other investors who have purchase these trucks in large quantities to do hiring.

minimum hire-able between 10-20 tippers
Daily hiring #100,00 + #5,000 brokerage = #105,000 daily
per tipping payment is also allowed, price is determined with distance


For further inquiry kindly call

Engr. Abe Joseph
080-85998064
081-30056065

I am a lawyer and I can assist you to prepare a contract. Please chat me on 08124890655

Nairalandgirl:
I want to open a domiciliary account..
Was thinking of GTB but I just discovered several complaints about them from people ..
For those who have several Dom accounts, which bank gives you less stress and you get your currency at a good rate and not a discounted rate with not much charges
Thanks in anticipation of your reply

Opennwith providusbank and you will not regret it.

Chat me up on 08124890654

Joshcoli:
What about those with Title Excision in process number like KL11288

Are they gazetted

I can help you with the search to ascertain the genuineness of the land. Kindly contact me on 08124890654

Joshcoli:
so is it safe to buy land at Ibeju Lekki from a reputable real estate company with excision in progress

It depends some of these real estate companies can be funny, they will tell you excision in progress and for an excision to be valid it must be published in the Gazette.

It is still imperative to carry out your due diligence at the lands registry in order to ascertain the tru state of things.

I can assist you here in lagos , kindly reach me on 08124890654

I need a 2 bedroom apartment for sale in Lagos.

From Lekki up to Sangotedo.

The property should have either a C of O or Registered Deed of Assignment and the payment plan should be flexible.

Plz chat me up on 08124890654.

sapphiere:
And the man too sued for breaching a contract.

you cannot sue the man and win.In the eyes of the law, you cannot enforce an illegal contract e.g prostitution in Nigeria

Bbliss24:
Good evening guys,
It all started in my University days, I met this guy but I was in a relationship when I met him. I didn't like the guy because of his tribe no offence,I just liked his vibe but we dated.

When I met my current boyfriend I told him that I was in a relationship and that I can't double date he was like no problem but mind you i already found him attractive. To cut the long story short i broke up with the other guy to date him. It was all rosy the first two years he worked his service to ph then because my family lives in ph I was in Enugu then but i went home for break,where we hooked up and most times I had to lie to my parents that I was going for night class just to spend the night at his place mind you he was very smart and sound academically so some of those night he did put me through for my exam.

To cut the whole story short he has changed completely what he use to do before he no longer does it,his excuse is that I made him that way . I stay with him in Enugu but temporary till I get my place during this period he gets angry easily and hits me his excuse is that I am arrogant and I dont respect him.Most times I try to opt out from the relationship he comes up with story of after all I have done for you I gave up my family and my life for you and this is how you want to pay me back ,then he starts rendering causes on me.

The truth is he is a good guy and when I met him he never laid his hands on me until I started staying with him. We have dated for 5years and emotions are mixed I find it hard to leave the relationship....

I am happy you came out here to embarrass yourself. Let the whole world see my profile to see the number of times I have suffered from her maltreatment by checking the number of threads I have created because of her.

I have known this babe for 4 years actually. We met in school I was a year ahead of her in school. I assisted this babe countlessly even her final year project.

When it was time for service, she pleaded with me to serve in th state her parents resided. I turned down a lucrative offer just because I wanted to serve in her state( a decision I really regret).

During service she started giving me series of issues from lies to cheating on me. Few days to my passing out, I developed a life threatening illness, I was in coma for 2 days. This babe refused to visit me in the hospital until my friend threatened her.

My family members disowned me for months because of the stupid decision I made to give up a job because of her. Despite that while I was still job hunting I accommodated her in my house and assisted her in getting a little job that was able to cater for her expenses.

I created a thread sometime last year where she denied having money but only to find out that she had money in her account but blatantly refused to assist me.

I finally got a job and relocated and told her to come and stay with me because of proximity to her place of primary assignment. We have issues severally but this babe would always raise her voice so my neighbours will hear.

She would always say that she will ensure they give me quit notice. She even went ahead to report me to my landlady.

I regret hitting her in the past and I can vouch that she cannot remember the last time I did that.

I was shocked to see this post online because we have been living happily.

I met her parents and told them my intention to marry their daughter. I was able to find out from her that they dont like me because of my tribe (ibo). According to them igbos are ritualist.

I came back from work 2 days ago to see her lying down complaining that she has malaria, I cooked for her not knowing that she had already maligned me online.

I have pictorial evidence if you guyz need more.

I have done my best for her.

I just had to do this for the sake of fair hearing.

SGANIVA:
I am E.Ikemefuna ,a transporter . I specialize in buses and tricycle (Keke ) so if you want to be a driver contact me . Keke is on higher purchase bases , buses depends on your route

bro please can we relate. This is my number 08124890654

smiliyB:
Where exactly in Lagos and what's your budget?

can you send me a message on 08124890654

Treash:
Are you a lawyer? If your response is no, who has the professional responsibility to conduct due diligence? If yes, you may go ahead sir.

yes I am a lawyer

I am interested in purchasing a new 2 bedroom apartment in Lagos.

The title for the house should either be a Registered Deed of Assignment or C of O

zanshi:
Is Mowe Ofada a good place to buy land?

Plus is revolution plus estate a good buy?

Anyone had experience with them?

I can carry out a due diligence search on the property you want to buy. Chat me up on 08124890654

basty:
I don't understand people, is it Gbajabiamila that that killed the man? It is now a sin he visited the family? God have mercy.

In law, there is what is called vicarious liability. An employer can be held liable for the acts of the employee

taurus21:
Escape from sorbibor was the only movie that made cry like a baby. Danm! those nazi's were just too heartless.

Please I need this movie,I have watched it

Simplesoul05:
Kindly list out the prices. I'm interested

I want to buy these items

I need the following items:
1, 32 LED HD TV
2. Home theater
3. 4.5 kva Generator

Location: Lagos