CONTRACT LAW — Breach of Contract — Proof Required — Existence of Enforceable Contract Must Be Established
Ratio Decidendi
Per Adekeye, JSC, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at p. 23; Paras C—D:
"For a claimant to succeed in an action for breach of contract, he must establish not only that there was a breach but also that there was in existence an enforceable contract which was breached."
Explanation / Scope
This principle establishes that to succeed in a breach of contract claim, the claimant must establish both the existence of an enforceable contract and its breach. The principle applies in contract disputes. It ensures that both elements are proved. The principle reflects the requirements for breach of contract. It prevents claims without a valid contract. The court must require proof of both. The principle provides guidance on breach of contract.