JOHN, OBINNA MAXWELL (2026) A CRITICAL EXAMINATION OF EXCLUSION OR LIMITING CLAUSES IN NIGERIA CONTRACT LAW. Other thesis, GODFREY OKOYE UNIVERSITY ENUGU..
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Abstract
Exclusion and limitation clauses are now frequently included in modern contractual agreements. By limiting or eliminating liability resulting from negligence, breach of contract, or any other obligation, these are designed to divide risk among the contracting parties. Despite the advantages they offer in terms of guaranteeing commercial certainty and facilitating business transactions, their application is frequently rife with issues of fairness, particularly when there is disparity in the parties' negotiating positions. The functioning and enforcement of exclusion and limitation clauses in Nigerian law will be examined in this essay. The paper aims to critically examine the ways in which exclusion and limitation clauses are employed in contracts, their impact on contractual relations in Nigeria and the stance of courts in the interpretation of such clauses particularly where there is a fundamental breach of contract. The paper will use the doctrinal method of research, using primary and secondary sources. The author also employs a comparative method in analysing the legal regimes of exclusion clauses in countries such as the United Kingdom and South Africa. According to the analysis, exclusion and limitation clauses are typically upheld by Nigerian courts if they are properly included in the contract, written correctly, and do not conflict with public policy. The court considers criteria such as notice, rigorous construction, and contra proferentem to avoid misuse of these terms. The study also shows that Nigeria lacks a distinct legal framework that governs exclusion and restriction clauses, despite the Federal Competition and Consumer Protection Act 2018 providing some protection against unfair contractual conditions. As a result, the courts' interpretation plays a significant role in how certain clauses are regulated. The conclusion is that exclusion and limitation clauses which have legitimate purposes in business transactions may be abused to cause injustice, especially to consumers and weaker contracting parties. The paper suggests the enactment of comprehensive legislation governing these clauses, enhanced protection of consumers, tighter judicial control over their interpretation and giving greater weight to public policy in the interpretation of the contractual terms. These reforms will promote contractual justice and increase confidence in the contractual and commercial law of Nigeria.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Art |
| Depositing User: | ESTHER IGWEIKE |
| Date Deposited: | 24 Jul 2026 10:58 |
| Last Modified: | 24 Jul 2026 10:58 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/5923 |
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