OGBODO, MIRACLE CHIWENDU (2026) AWARD OF DAMAGES IN CONTRACT LAW IN NIGERIA: ISSUES, CHALLENGES AND REFORMS. Other thesis, GODFREY OKOYE UNIVERSITY ENUGU..
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Abstract
This study examines the award of damages in contract law in Nigeria, with particular focus on the issues, challenges and reforms affecting the practical operation of damages as a remedy for breach of contract. It assumes that damages are the primary remedy in contract law and should be given to the innocent party as to how if at all he can be put in the position he would have been in if the contract had been fulfilled. The study utilises the doctrinal legal research methodology to analyse Nigerian statutes, judicial decisions, common law principles and some relevant comparative materials. It explores the conceptual underpinnings of contract damages and discusses the interests of expectation, reliance and restitution, remoteness, mitigation, causation, foreseeability and certainty of cause. The study reveals that Nigerian contract law on damages law is a well-developed doctrine, but is not well practiced due to inconsistent judicial reasoning, strict proof requirements, difficult in proof of loss and causation, economic volatility, inflation, foreign exchange instability, litigation delay and enforcement challenges. It also observes that vague contract wording, the uncertainty of valuation dates, and the failure to distinguish between the various types of damages and the failure to define the interest minimizes predictability and fairness in damages awards. The study recommends that structured judicial reasoning should be used in damages cases, that early damages schedules should be used, that focused disclosure should be adopted, that expert evidence is to be managed better, that there is improved contract drafting, that the valuation of damages is made clearer and that the payment of interest is made clearer. It concludes that damages in Nigerian contract law should continue to be compensatory, but should be made more predictable, evidence-based, economically realistic and enforceable for the contract law to promote commercial confidence, fairness and effective dispute resolution.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | ESTHER IGWEIKE |
| Date Deposited: | 24 Jul 2026 11:41 |
| Last Modified: | 24 Jul 2026 11:41 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/5937 |
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