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Egbase V Oriareghan (1985); Effect of Non Est Factum on Contract

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Egbase V Oriareghan (1985); Effect of Non Est Factum on Contract


This page presents an excerpt of the available research material, including the Preliminary Pages, Table of Contents, Abstract, Chapters One to Five, and References. It provides a comprehensive overview of the study, enhancing readability and accessibility for students, and researchers seeking complete material on “Egbase V Oriareghan (1985); Effect of Non Est Factum on Contract”.


ACKNOWLEDGEMENT


I am profoundly grateful to everyone who contributed to the successful completion of this project. I am especially grateful to my Supervisor (Name), the Head of Department (Name), and the Lecturers in the Department of Law for their invaluable guidance and support. I also acknowledge the contributions of authors and scholars whose works on Egbase V Oriareghan (1985); Effect of Non Est Factum on Contract provided essential insights. Special thanks go to my study area (and any funding organizations, if applicable) for their financial assistance. I am equally thankful to stakeholders, including mentors, teachers, and colleagues, for their encouragement and support. Finally, I deeply appreciate my family and friends for their patience and unwavering support throughout this journey. Your contributions have been instrumental in making this research a reality.




ABSTRACT


Man is by nature a social animal. An individual who is unsocial naturally and not accidentally is either beneath our notice or more than human…Anyone who either cannot lead the common life or is so self-sufficient as not to need to, and therefore does not partake of the society, is either a beast or a god.This quote by Aristotle poignantly points out the fact that interactions with ourselves as human beings is a must, and the need for this interactions often lead to the necessity of an agreement based on a contract. However, owing to human foibles, there are times when this “agreement”Ÿ is different from the intention either party had as regards the contract.

This study therefore examines the effect that law, especially the doctrine of NON EST FACTUM has on a contract.

It further examines the principle of MISTAKE which is a precursor to NON EST FACTUM, the effect of consent, which is central to the world of contracts and most especially the plea of NON EST FACTUM.

It also takes a look at its applicability in criminal cases and whether or not the plea itself can be used as a sword or a shield by either party.

Finally, this essay gives recommendations as to how the plea of NON EST FACTUM can be improved upon.




1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.…


CHAPTER TWO

LITERATURE REVIEW


2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the conceputal review, theoretical framework, the review of related literature …


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