EKE, CHIBUNDU CHINECHEREM (2026) IMPACT DURESS AND UNDUE INFLUENCE HAVE ON THE ENFORCEMENT OF CONTRACTUAL AGREEMENTS IN NIGERIA. Other thesis, GODFREY OKOYE UNIVERSITY.
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Abstract
ABSTRACT This study examines the impact of duress and undue influence on the enforceability of contracts in Nigeria. Contractual validity rests on the principle of free consent, captured in the doctrine of consensus ad idem. Where consent is obtained through force or undue pressure, the law provides relief to the aggrieved party. Duress is a common law doctrine encompassing duress of the person, duress of goods, and economic duress, whereby a party is compelled to contract through illegitimate pressure. Undue influence is an equitable doctrine that protects against the exploitation of relationships of trust and confidence to procure consent against a party's free will. Despite the recognition of both doctrines in Nigerian contract law, their precise impact on contractual enforceability remains insufficiently explored in domestic jurisprudence. The study adopted doctrinal and qualitative research methodologies, drawing on Nigerian and English case law, relevant legislation, and secondary sources such as textbooks and peer-reviewed journal articles. The findings establish that both doctrines render affected contracts voidable rather than void, entitling the innocent party to seek rescission and restitution. However, their application in Nigeria faces significant challenges, including heavy evidentiary burdens on claimants, procedural obstacles such as court congestion and prohibitive litigation costs, wide judicial discretion in characterising economic pressure, and the absence of a codified Contracts Act. Comparative analysis with the United Kingdom, the United States of America, and France reveals that jurisdictions with statutory codification and complementary doctrines such as unconscionability offer more comprehensive and predictable protection to contracting parties. The study accordingly recommends the enactment of a Nigerian Contracts Act expressly defining duress, undue influence, and economic coercion; statutory presumptions favouring claimants in relationships of trust; mandatory independent legal advice in specified transactions; specialised commercial courts across all states; and systematic capacity-building programmes for judges.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | MABEL AMAECHI |
| Date Deposited: | 24 Jul 2026 10:55 |
| Last Modified: | 24 Jul 2026 10:55 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/5915 |
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