CROSS-PURPOSES MISTAKE TO VITIATE A CONTRACT
This is also known as non-identical mistake, mutual mistake and mistake negativing consent. It occurs where each party has a different view of the situation.
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.
CONTRACTS AGAINST PUBLIC POLICY (ILLEGALITY OF CONTRACT)
Public policy is difficult to define, but essentially it assumes that there are some interests which are shared by most of society, which promote the
COMMON LAW EXCEPTIONS (THIRD PARTY RIGHTS UNDER PRIVITY RULE)
The common law exceptions under which a third party can have rights under a contract are as follows; Agency An agent in this context is
WRITTEN TERMS AND THE PAROL EVIDENCE RULE (CONTRACT LAW)
Written terms can be incorporated into a contract in three ways: by signature, by reasonable notice, and by a previous course of dealing. By signature,
UNFAIR CONTRACT TERMS
Sometimes contract terms are considered to be so unfair to one of the contracting parties that the legislature or the courts have been prepared to
TYPES OF MISREPRESENTATION (CONTRACT LAW)
The types of misrepresentation are fraudulent misrepresentation; negligent misrepresentation at common law; and innocent misrepresentation. Which category a misrepresentation falls into depends on the state
THE RELATIVE IMPORTANCE OF CONTRACTUAL TERMS
Different terms in a contract (both express terms and implied terms) will clearly vary in their level of importance. Consequently the law seeks to classify
THE CONCEPT OF MISREPRESENTATION (CONTRACT LAW)
Even where a contract meets the requirements of offer and acceptance, consideration and intent to create legal relations, it may still not be binding if,
RESCISSION (REMEDY FOR MISREPRESENTATION IN CONTRACT LAW)
The effect of a misrepresentation is generally to make a contract voidable, rather than void, so the contract continues to exist unless and until the
ORAL STATEMENTS (EXPRESS TERMS OF A CONTRACT)
The terms of a contract describe the duties and obligations that each party assumes under their agreement. Although there are some contract cases where the