FACULTY OF LAW

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    The court of appeal decision in Babatunde v. Osun State college of education: the prerequisite duration of retainership contract
    (Department of Commercial and Industrial Law, Faculty of Law, University of Port Harcourt, Rivers State, 2022-12) Adeniji, S. A.
    In legal practice, a client may engage a legal practitioner on a case basis or enter into retainership contract where the lawyer is expected to offer a range of agreed legal service for a period of time for a fee he is entitled to even if no service is rendered at the instance of the client. Like any other enforceable contract, it is expedient to expressly state the duration and other terms of a legal retainer. Where the duration is not stated but the fees are usually pay on yearly basis, the court shall treat the same as a yearly contract subject to yearly application and approval by the client. This paper which adopts doctrinal method, examines the imperativeness of stating the duration of retainership contract by examining the Court of Appeal decision in Babatunde v. Osun State College of Education where the court held that where the intention of the parties is not expressed, same will be discovered by examining the totality of the circumstances regulating the relationship. The paper examines the effect of the judgment on legal retainership in Nigeria. It found out that; failure to specify the duration of retainership, will open same to be construed as a yearly contract subject to renewal by the client upon the application of the legal practitioner. The paper makes vital recommendations on the issue going forward before conclusion.
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    The status of local purchasing order in a contract of sale of goods: a critique of the rights-based approach in Abba v. Shell petroleum development company of Nigeria limited
    (Faculty of Law, Redeemer's University, Ede, Nigeria, 2022) Osuntogun, J. A.; Anifalaje, K.
    This paper examined the judgment of the Supreme Court of Nigeria in Abba v. Shell Petroleum Development Company of Nigeria Limited on the status of Local Purchase Order (LPO) in a contract of sale of goods. Contrary to the general rule in most countries of the world, including the United States of America and Uganda, that the LPO constitutes an offer in the law of contract, the Supreme Court held that it was an invitation to treat which is not enforceable in law. Consequently, this paper subjects this decision into a critical examination with a view to determining its accuracy. For this purpose, it interrogates the role of offer and acceptance and in particular the invitation to treat in the formation of the contract of sale of goods. It also discusses the question of what time it could be said that parties have entered into a contract of sale of goods. It interrogates the legal Status of the LPO in commercial transactions and how the status might affect the result of the application of offer and acceptance in a contract, particularly the contract of sale of goods. It concludes that, although the decision in Abba's case cannot be reconciled with similar decisions not only in Nigeria but also globally, it can be justified using the rights-based approach.
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    Critical appraisal of contract of employment under the Nigerian legal system
    (2009) Onakoya, O. O.
    Ever since the abolition of slavery, workers have become entitle to the freedom to determine what work they would warn to do and also ascertain the terms and conditions upon which their Services are being hired. Consequently, it is noted that Labour Law rest heavily upon the legal phenomenon, the individual contract of employment, in which two parties namely the employer and the individual employee are looked at by the law as equals to a legally enforceable agreement. The laws which govern employment occupy a Position of considerable importance in any modern society. This is so because of the tremendous contribution which workers can make to a national growth and development as well as the general well-being of the nation’s citizenry. In this paper we shall examine the various aspects of the contractual relationship between the employer and the employee, particularly the formation of contract of employment, rights and obligations of parties to the contract and the impact of the related legislations on the subject of discourse.