Secrets Reporters No Comments Sometime about a year agoafter a careful appraisal of political actions and inactions of various political stakeholders in their respective spheres, I scripted a piece wherein I brought to the fore that the Nigerian state is fast emerging as a theatre of political absurdities, often I wish that such negative trend be halted, however, the recent melodrama and political comedies that the sixth Assembly of Akwa Ibom State House of Assembly has been involved in recent time shows that silliness in governance in Nigeria is becoming an established norm. Let me insert a caveat here that my analysis here will likely be elongated but not be coloured by political affiliation and sentiments hence, It becomes pertinent I plead that you fastened your seat belt of expectations towards this issues based excavations as we take off this flight of political discourse and dissection of characters,roles and the possible climax and resolution of this show. It is not surprising to me that the political ship of Akwa Ibom state is being tossed as the present especially after Chief Godswill Godswill Obot Akpabio moved towards the broom division of political affiliation, he has many supporters and countless followers with arms extending to the State of Assembly and thus it was expected that loyalty and solidarity will be displayed one way or the other.
Formation[ edit ] At common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration.
Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound.
Offer and acceptance and Meeting of the minds In order for a contract to be formed, the parties must reach mutual assent also called a meeting of the minds. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person as determined in the early English case of Smith v Hughes .
It is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid. A bilateral contract is an agreement in which each of the parties to the contract makes a promise  or set of promises to each other.
These common contracts take place in the daily flow of commerce transactions, and in cases with sophisticated or expensive precedent requirements, which are requirements that must be met for the contract to be fulfilled. Less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything.
In these cases, those accepting the offer are not required to communicate their acceptance to the offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally.
The payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay.
In the similar case of advertisements of deals or bargains, a general rule is that these are not contractual offers but merely an "invitation to treat" or bargainbut the applicability of this rule is disputed and contains various exceptions.
A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly.
For example, John Smith, a former lawyer may implicitly enter a contract by visiting a doctor and being examined; if the patient refuses to pay after being examined, the patient has breached a contract implied in fact. A contract which is implied in law is also called a quasi-contractbecause it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other.
Quantum meruit claims are an example. Invitation to treat[ edit ] Main article: Invitation to treat Where something is advertised in a newspaper or on a poster, this will not normally constitute an offer but will instead be an invitation to treatan indication that one or both parties are prepared to negotiate a deal.
Carbolic, a medical firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions, protect users from catching the flu. When sued, Carbolic argued the advert was not to be taken as a serious, legally binding offer ; instead it was "a mere puff", or gimmick.
But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer, and determined that the reward was a contractual promise.Could you explain “put all your contacts in the bcc field” — why? bad legal advice!
A company’s confidentiality agreements don’t supersede criminal investigations, and you should definitely not be mucking around with evidence as we have ‘flexible work contracts’ which generally means that you only work your allotted hours.
Dec 21, · all contracts are agreements but all agreements are not contracts For the illustration of above mentioned statement we need clear concept about contract and agreement. If we clear the concept about contract and agreement, we can easily say that, “All contracts are agreement, but all agreements are not contracts ”.
I will try to explain why the court held that there was not a valid agreement between the company and the Seattle man.
The four elements of a valid contract Contracts are used in today’s world as a major part of interaction between individuals or companies and consumers. All contracts are agreements but all agreements are not contracts. Explain this statement. Ads INTRODUCTION: No doubt it is a valid and true statement.
He also wants a review of all contracts awarded by the Executive Director. However, Lukwago has also warned the president not to appoint another Executive Director before the law is revised to avoid the ugly fights that have been taking place between him and Jennifer for the last seven years.
Mar 31, · The justifiability of the decision is a different matter and the high court could not into disputed questions of facts between the board and L& T.
The bank guarantee is a separate contract which could not be linked to the performances of the works contract.