ISOLOKWU, CHUKWUKA MICHAEL (2026) DOCTRINE OF FRUSTRATION UNDER NIGERIAN CONTRACT LAW: ISSUES, CHALLENGES AND REFORMS. Other thesis, GODFREY OKOYE UNIVERSITY.
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DOCTRINE OF FRUSTRATION UNDER NIGERIAN CONTRACT LAW ISSUES CHALLENGES AND REFORMS.pdf Download (681kB) |
Abstract
ABSTRACT This study critically examines the doctrine of frustration under Nigerian contract law, with particular focus on its development, application, challenges, and suitability for modern commercial realities. The doctrine operates as an exception to the principle of pacta sunt servanda, allowing parties to be discharged from contractual obligations where a supervening event, beyond their control and contemplation, renders performance impossible, illegal, or radically different from what was originally agreed. The study adopts doctrinal legal research methodology by analysing relevant case law, statutes, textbooks, journal articles, and comparative materials. It finds that Nigerian courts recognise and apply the doctrine through decisions such as Araka v Monier Construction Co Ltd, Mazin Engineering Ltd v Tower Aluminium (Nig) Ltd, and Nwaolisah v Nwabufoh, but they do so narrowly and cautiously to preserve contractual certainty. The research further reveals that Nigeria lacks a comprehensive federal statutory framework regulating frustrated contracts, leaving only a few jurisdictions, such as Lagos and Enugu States, with detailed statutory provisions on post-frustration remedies. This fragmented legal framework creates uncertainty, especially in relation to restitution, recovery of advance payments, allocation of expenses, and treatment of benefits conferred before discharge. The study also identifies challenges posed by economic instability, foreign exchange restrictions, pandemics, supply-chain disruptions, and other modern commercial risks, which Nigerian courts often treat as mere hardship rather than frustration. It concludes that while the doctrine remains important in protecting parties from genuinely unforeseen events, its current application in Nigeria is restrictive and inadequately regulated. The study therefore recommends the enactment of a federal Law Reform (Frustrated Contracts) Act, clearer judicial guidelines, improved force majeure drafting, and a more commercially responsive approach to post-frustration remedies.
| 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 13:51 |
| Last Modified: | 24 Jul 2026 13:51 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/5974 |
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