Understanding vitiating elements and ensuring fairness in Nigerian contract law: A comprehensive study

Abstract

This abstract presents key findings and recommendations from a study on vitiating elements in Nigerian contract law. The study explored elements such as misrepresentation, mistake, duress, undue influence, lack of capacity, illegality, unconscionability, frustration of purpose, and non-compliance with formalities, analyzing their impact on contract formation and enforceability. Emphasizing the importance of understanding vitiating elements for fair and transparent contractual relationships, the study highlighted public policy as a guiding principle in determining enforceability. It stressed the significance of adhering to formal requirements and conducting due diligence to protect parties from unjust contracts. Recommendations included legal education, standardized contract terms, special protections for vulnerable parties, and adaptation to emerging technologies. These insights contribute to enhancing contract formation integrity and supporting equitable relationships within Nigeria's legal framework.