Nigerian Law Of Contract By Sagay Pdf Free –

as the market for the fragrance became attractive, the defendant raised the retail prices of the product to compete with their competitors. despite repeated efforts by the claimant to stop the defendant from changing the price of the products, it failed to do so. the court noted that the defendant had not followed what it had earlier represented to be its decision to sell the products at cheaper rates. to the contrary, the defendant had breached its agreement by making the products more expensive and by charging the claimant higher fees. in light of such practices, the court held that good faith is a representation of reasonable behaviour, or a statement or act which is honest, faithful, equitable, just, meritorious and fair. the court went on to hold that such representations are to be used as a bridging concept that links parties, from the time they make their agreement to the actual performance of the contract. thus, the court held that the complainant had been denied the right to be reasonably treated fairly and equitably by the defendant. ^[107]

the test of good faith is an objective one and its character can be resolved as a matter of law. in other words, it is not necessarily a question of fact for the trier of fact. rather, good faith is a concept that arises out of the obligation of every contract. it may be implied in any contract if the parties have not expressly agreed upon it and it is an obligation arising out of the basic relationship between them. although yam seng and bhasin used terms that were not expressly an item in the contract and one that has been implied into it, the court was clearly of the view that there was such a concept in the very making of a contract. as such, a court may imply terms or limit the freedom of contract. the obligations that are inferred may therefore not be detrimental to the social order and the legislature. by implication of law, the courts can impose equity, including good faith, on the contract. in this way, the power of courts can be effectively utilised to fashion social, economic, and legal relationships that promote the general welfare.

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