AN EXAMINATION OF THE FACTORS VITIATING CONTRACT IN NIGERIA

NJOKU, CHISOMAGA GLADYS (2026) AN EXAMINATION OF THE FACTORS VITIATING CONTRACT IN NIGERIA. Other thesis, Godfrey Okoye University, Enugu.

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Abstract

This study examines the factors vitiating contracts under Nigerian law, with particular emphasis on mistake, misrepresentation, duress, undue influence, illegality, and incapacity. The law of contract is fundamental to commercial and social relations because it provides the legal framework through which parties create enforceable obligations. However, for a contract to be valid and enforceable, the consent of the parties must be free, genuine, and informed. Where consent is affected by certain defects or improper influences, the contract may be rendered void or voidable. These defects are commonly referred to as vitiating factors. The study adopts a doctrinal research methodology, relying on primary and secondary sources of law, including statutes, judicial decisions, textbooks, journal articles, and other scholarly materials. It examines the legal principles governing vitiating factors in Nigeria and analyzes the manner in which Nigerian courts have interpreted and applied these doctrines. The study further considers the impact of technological developments, particularly digital and electronic contracts, on the operation of traditional contract law principles. Findings reveal that although Nigerian law recognizes various vitiating factors as mechanisms for protecting contractual fairness and preventing injustice, their application is often characterized by inconsistencies, judicial uncertainties, and inadequate adaptation to contemporary commercial realities. The study also finds that emerging challenges such as online transactions, electronic communications, unequal bargaining power, and limited access to justice have exposed weaknesses in the existing legal framework. The study concludes that while the doctrines of mistake, misrepresentation, duress, undue influence, illegality, and incapacity remain essential safeguards of contractual integrity, there is a need for legislative and judicial reforms to enhance clarity, consistency, and responsiveness to modern commercial practices. It recommends the codification of key principles, stronger protection for vulnerable parties, greater recognition of digital contracting realities, and improved access to alternative dispute resolution mechanisms. These measures will contribute to a more equitable, predictable, and effective system of contract law in Nigeria.

Item Type:	Thesis (Other)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	COMFORT AJALA
Date Deposited:	24 Jul 2026 12:30
Last Modified:	24 Jul 2026 12:30
URI:	http://eprints.gouni.edu.ng/id/eprint/5960

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