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## 7. Consider Whether the Contract Can Be Terminated or Rescinded **Rescission** generally refers to setting aside or undoing a contract and, where appropriate, restoring the parties to their pre-contractual positions. It is a remedy that may be available in certain circumstances, particularly where the contract was affected by factors such as misrepresentation, fraud, undue influence, or other recognised grounds. **Termination**, on the other hand, generally brings the contractual relationship to an end, usually in accordance with the terms of the contract or applicable law. The legal consequences of termination and rescission are not necessarily the same. Depending on the circumstances, a serious breach may give the innocent party a right to terminate the contract. However, whether a breach is sufficient to justify termination depends on the terms of the agreement and applicable law. Similarly, rescission is not automatically available simply because one party has breached a contract. The availability and consequences of rescission depend on the circumstances of the particular case and the applicable legal principles. Before terminating or seeking to rescind an important commercial agreement, it is advisable to obtain legal advice. Wrongfully terminating a contract or pursuing an inappropriate remedy may expose the party taking the action to additional legal consequences. what to do if someone breaches a contract in nigeria

What to Do If Someone Breaches a Contract in Nigeria

July 31, 2026/

Contracts are an essential part of everyday business and commercial transactions. They define the obligations of the parties, establish expectations,...

How to Enforce a Court Judgment in Nigeria

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Obtaining a favourable judgment from a court is a significant achievement, but it does not always mean that the successful...

What Every Employer Should Know Before Hiring Employees in Nigeria

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Hiring employees is one of the most important decisions a business can make. The right employees contribute to productivity, innovation,...

essential clauses every business must contain

Essential Clauses Every Business Contract Should Contain

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Every successful business relies on contracts. Whether you are supplying goods, providing services, entering into a partnership, engaging employees, or...

Alternative Dispute Resolution (ADR): Litigation or Mediation—Which Is Right for Your Dispute?

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When a legal dispute arises, many people immediately think of going to court. While litigation remains an important means of...

How to Register and Protect Your Trademark in Nigeria

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Your brand is one of your business’s most valuable assets. Whether it is your business name, logo, slogan, product name,...

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