LEGAL PRINCIPLE: CONTRACT LAW – Determination of Contract – Compliance with Contractual Notice as Condition Precedent
PRINCIPLE STATEMENT
Parties are bound by their agreement, and a determination of the contract without complying with the notice provisions cannot be said to be valid.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Olatunde v. Obafemi Awolowo University (1998) NLC-441993(SC) at p. 22; Paras A–B.
"Parties are bound by their agreement and a determination of the contract without complying with the provisions of Clause 25(1) of Exhibit A cannot be said to be valid."
EXPLANATION / SCOPE
Contractual notice provisions are conditions precedent to termination. Non-compliance invalidates the termination. The principle applies to all contracts. The parties are bound by their agreement. The court will enforce the notice requirement. The rule protects contractual rights. The breaching party cannot rely on non-compliance.
