EXAMINATION OF EXEMPTION CLAUSES UNDER THE NIGERIAN CONTRACT LAW

ANEKENWALI, CHINWEOLU CALISTA (2026) EXAMINATION OF EXEMPTION CLAUSES UNDER THE NIGERIAN CONTRACT LAW. Other thesis, Godfrey Okoye University, Enugu.

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Abstract

This study provides a critical analysis of the scope and nature of exemption clauses (or exclusion clauses) within the framework of Nigerian contract law. An exemption clause is a contractual term inserted into an agreement to completely exclude or limit the liability of one party in the event of a breach of contract or negligence. While rooted in the foundational English common law principle of freedom of contract, the application of exemption clauses in Nigeria has evolved significantly to balance individual autonomy with consumer protection and public policy. The study examines the nature of these clauses, highlighting the distinction between total exclusion and mere limitation of liability. It explores the stringent common law techniques adopted by Nigerian courts to restrict their misuse, specifically focusing on the rules of incorporation (signature, notice, and course of dealing) and the rule of construction (contra proferentem), which ensures that any ambiguity is resolved against the party seeking to rely on the clause. Finally, the study evaluates the statutory landscape regulating these clauses in Nigeria, particularly under the Federal Competition and Consumer Protection Act (FCCPA) 2018. The FCCPA fundamentally alters the "buyer beware" (caveat emptor) dynamic by introducing statutory safeguards against unfair, unreasonable, or unjust contract terms. The study concludes that while exemption clauses remain vital for risk allocation in commercial transactions, the modern Nigerian legal regime increasingly prioritizes equity and the protection of weaker bargaining parties from oppressive terms.

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: 27 Jul 2026 14:10
Last Modified: 27 Jul 2026 14:10
URI: http://eprints.gouni.edu.ng/id/eprint/6048

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