Vitiating factors operate to prevent a contract being fully binding where one party has not given genuine consent, of their own free will. It therefore
contract law blog Blogs
The contract law blog is aimed at educating clients, investors, businessmen, companies, corporations, individuals, organizations, traders and even advocates of the various aspects of a contract which span from the time an offer and acceptance is engaged, through the aspects of the consideration, terms of contract, interpretation of contract and the problems which may arise from a contractual relationship.
Contractual engagements can be quite complex in nature and their disputes are quite popular before the courts of law in Cameroon.
The spirit behind the blogs and their applicability in Cameroon are backed by the common law principles of contract law which has its origin from the United Kingdom by virtue of the Southern Cameroons High Court Law of 1955.
Worthy of note is the fact that when parties to a contract are properly aware of their positions vis a vis their rights and obligations, they will be properly guided on the steps to engage in view to enforce their respective positions especially in the event of a dispute.
We have therefore provided the respective blogs to inform clients on the aspects of a contractual relationships and the possible solutions they may have at their disposal to resolve disputes.
If it is established that an exemption clause has been incorporated into a contract, the courts will then check to see whether the clause actually
The misrepresentation must have been made by the other contracting party or by their agent acting within the scope of their authority, or the other
There are three ways in which written exemption clauses (or in fact any other type of clause) may be incorporated into a contract: by signature,
As express terms are laid down by the parties, further terms may in some circumstances be read into contracts by the courts. These implied terms
Oral statements are usually used in the course of negotiation between parties to a contract. Whether these statements amount to a representation or a term
There will be some cases in which the innocent party suffers a loss that cannot be put right by rescission, even if an indemnity payment
The courts sometimes have to determine the meaning of a contractual term. In doing this the judges try to discover what the parties appeared to
This is also known as identical mistake, shared mistake or mistake nullifying consent. In this situation, both parties make the same mistake. A shared mistake
There are a number of other common law limitations on the effectiveness of exemption clauses. Although their importance is much reduced, they still have some