CRITIQUE ON THE EFFECT OF FRUSTRATION IN CONTRACT: NIGERIAN JURISPRUDENTIAL PURVIEW

Abstract

Examining the effect of frustration under Nigerian contract law revolves around several key issues that require clarification and analysis, thus, the ambiguity regarding the threshold for determining what constitutes a frustrating event and how courts apply this doctrine in practice is interpreted according to what qualifies as a frustrating event, particularly concerning economic changes or unforeseen market conditions. There is a lack of clarity on the procedural requirements and evidentiary standards involved in invoking frustration as a defence or basis for contract termination in Nigerian courts. This study critically examined the effect of frustration in contract under Nigerian jurisprudential purview. Hence, the research recommended the need for clarity and specificity in drafting modalities to the application of the doctrine and further reforms to improve the effectiveness of successfully instituting an action for breach of contract in Nigeria.