Oga Lawyer Series IV: Write Am Down (2)


So, last week we talk sey e dey very important to write things down. We come see sey no be every agreement wey you go fit carry go court. Today, we want check all the things wey suppose dey inside agreement wey two or more people enter. (that na attributes of a good contract for oyibo).

  1. The people wey dey enter the contract must agree with everything wey dem write down. This one mean sey if dem still dey discuss, na the one wey them they call offer and counter offer dem still dey do. For this stage, the people never agree. Until everybodi agree with, come take one mind dey talk, make dem never write any agreement o. But when e be say all of them don join mind come agree, ( that na the one wey lawyers dey call ‘consensus ad idem’ which mean sey wetin dey our mind na im we write down), then they go write am and it go become binding .
  1. The second one na consideration. Dat one be sey d contract na ‘do-i-do’. E fit be to pay money make anoda person supply, or make I supply one thing and use am collect another thing. But some contract dey wey be sey I no go do something to get the benefit. Like if person one dash anoda person something. If Na dat one, the agreement must dey very solid. That wetin lawyers dey call Deed or under seal.
  1. The parties must get the mind to make their agreement legal. Last week we talk sey if na play play something or na family matter court no go see the contract as serious thing. So when party don agree say any I no gree wey come out of the agreement make them for go court go settle am, then na that time them suppose go write am as contract.
  1. The people must follow for the group wey the law agree say them fit enter into Lawyers dey call this one (Legal ‘capacity’). Na im be sey no be everybody fit sign contract wey go dey valid.  For Nigeria here, anybody wey im age never reach  21 no fit just enter contract anyow except na the kind agreement wey concern important things for im life and education. But this one as e dey so, the law wey concern business name registration bring am down to 18years. So, anybody wey be 18years or young pass that one e go good to get anoda person to guide them and even lawyer. Also person wey get mental problem or the one wey dey high for alcohol no fit enter contract. That one don suspend im mind come carry am give alcohol so im no go sabi wetin im dey do. Even companies no get the power to do pass as dem get the right to do.
  1. The people wey want enter the contract suppose get free mind when dem dey enter into the contract. No be say na people they push them or they do one kind force body make them enter the contract. If na by force (that na the one wey lawyers dey call duress or undue influence or by mistake) wey be say e no comot for their mind law no go gree for that one. Another one be say if no be wetin dem wan talk dem write that one be misrepresentation or fraud. The party wey prove sey one of these things happen when dem dey enter into the contract fit go court to cancel the contract.
  1. The contract must dey legal. That one mean say the contract wey be crime you no fit enter am. If na to do mago mago or something wey fit spoil our society the contract no be beta one.
  1. Contract get different form. If you no follow the form take do am, n aim be say e no enter be that. Example, if you want rent another person house, na agreement you go enter when e be say the rent na for one year or two years plus. But where be say the rent na for period wey reach three years, e don comot from one kind agreement come enter the one wey them dey call deed of lease be that.
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As we don see d necessary things to make a good contract, we go still discuss more on some type of contract. But for make you no do mistake, ask lawyer to guide you before you chook hand inside anything.

Dami is a media consultant at DNL Partners. She is also the founder and creative director of thefoodandfunhub.com. She is a lawyer, writer and entrepreneur.

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