Скачать или смотреть INTENTION TO CREATE LEGAL RELATIONS: A COMPREHENSIVE ANALYSIS IN NIGERIAN CONTRACT LAW

The doctrine of intention to create legal relations remains a vital objective test in contract law, distinguishing binding agreements from non-enforceable arrangements and providing essential certainty in the dynamic commercial environment in Nigeria. Recent SC decisions have pragmatically expanded its application. In MTN Nigeria Communications Ltd v Corporate Communications Investment Ltd (2019), intention was inferred from conduct, enforcing an unsigned agreement. In Attorney-General of Bayelsa State v Abang Odok (2024), voluntary acceptance of benefits bound a public entity despite capacity issues, aligning with CAMA 2020 reforms for SMEs. In Skye Bank Plc v Adegun (2024), hybrid labour terms gained enforceability through incorporation and performance. Building on English classics like Balfour v Balfour (1919) and Carlill v Carbolic Smoke Ball Co (1893), these rulings indigenise the doctrine with public policy and equity, deterring evasion while promoting trust and economic growth in line with sustainable development objectives. Practitioners and students should prioritise contextual analysis, clear documentation of intent, and recognition of conduct's evidentiary weight. As challenges from AI, digital platforms, and gig economies emerge, this evolving framework demonstrates resilience, balancing tradition with modern needs to sustain a robust contract law regime in Nigeria.