All posts by admin

Doelegistslawyers > Articles by: admin

Oral Contracts Under Contract Law in Ghana: Validity, Enforceability, and Legal Principles

February 17, 2026 Contract Agreement No comments yet

A contract does not have to be written to be legally binding. The law recognises three main ways by which contractual obligations may be created:
By writing
By oral statements
By conduct of the parties
The form of the contract does not determine its validity. What matters is whether the essential elements of a contract exist, namely offer, acceptance, consideration, intention to create legal relations, and certainty of terms.
An oral contract arises where parties express their obligations, promises, or representations verbally. These verbal statements may become legally binding terms of the contract if they satisfy the legal requirements.

Read more

Specific Performance Under Contract Law in Ghana: Principles, Requirements, and Legal Remedies

February 17, 2026 Contract Agreement No comments yet

Specific performance is an equitable remedy by which a court compels a party in breach of contract to perform the precise obligation undertaken. Unlike damages, which provide monetary compensation, specific performance enforces actual performance. This remedy reflects the principle that contracts are not merely financial exchanges but binding promises deserving fulfillment where justice requires.
In Ghana, the doctrine of specific performance is grounded in common law equity, reinforced by statutory provisions such as section 58 of the Sale of Goods Act, 1962 (Act 137), and developed through Ghanaian judicial decisions. The remedy is discretionary and is applied on a case-by-case basis.

Read more

Mistake Under Contract Law in Ghana: Types, Legal Effects, and Key Principles

February 17, 2026 Contract Agreement No comments yet

Mistake is a vitiating factor in contract law. It arises where one or more parties enter into a contract based on a false assumption of fact that existed at the time the contract was formed. The law recognises that genuine agreement cannot exist where parties are fundamentally mistaken about essential facts underlying the contract.
In Ghana, the doctrine of mistake is governed by the common law, which forms part of the laws of Ghana under Article 11 of the 1992 Constitution. The principles developed by English courts continue to apply subject to statutory modifications and Ghanaian judicial interpretation.

Read more

Discharge of Contract by Agreement: Meaning, Types, and Legal Effects

February 6, 2026 Contract Agreement No comments yet

Discharge of contract refers to the release of parties from further performance of their contractual obligations. Once a contract is discharged, the legal relationship created by the agreement comes to an end and neither party can insist on future performance unless a new contract is formed.
Under Ghanaian contract law, a contract may be discharged in four main ways:
By agreement
By performance
By breach
By frustration
This topic focuses on discharge by agreement, which arises where the parties voluntarily agree to bring their contract to an end.

Read more

Duress and Undue Influence in Contract Law in Ghana: Meaning, Elements, and Legal Effects

February 6, 2026 Contract Agreement No comments yet

A contract is legally binding only where it is entered into voluntarily by parties who freely consent to its terms. Consent must be real and genuine. Where a party’s agreement is procured by pressure, compulsion, or improper influence, the law treats such consent as defective. The result is that the contract becomes voidable at the instance of the affected party.
Under Ghanaian contract law, informed by common law and equitable principles, the doctrines of duress, undue influence, and unconscionable bargain exist to protect parties from unfair pressure and abuse of power in contractual dealings.

Read more

Intention to Create Legal Relations in Contract Law: Meaning, Tests, and Legal Effect

February 6, 2026 Contract Agreement No comments yet

Contract law is concerned with enforcing promises that parties intend to be legally binding. Not every promise, agreement, or arrangement made between persons is meant to attract legal consequences. Many agreements are made daily in homes, among friends, and within families based on trust, affection, moral duty, or social convenience. The law does not interfere with such arrangements unless the parties clearly intended that their agreement should be enforceable in court.
The doctrine of intention to create legal relations exists to separate legally enforceable contracts from non-binding social and moral promises. Even where offer, acceptance, and consideration are present, the absence of intention to create legal relations will prevent the formation of a valid contract.

Read more

Illegality Under Ghana’s Contract Law: Meaning, Scope, and Legal Consequences

February 6, 2026 Contract Agreement No comments yet

A fundamental requirement for a valid and enforceable contract under Ghanaian law is that the agreement must be lawful. Even where offer, acceptance, consideration, intention to create legal relations and capacity are present, the courts will refuse to enforce a contract whose formation or performance is tainted by illegality.
Illegality operates as a complete bar to enforcement in appropriate cases because the courts will not lend their authority to transactions that violate the law or undermine public interest.

Read more

OFFER IN CONTRACT LAW

February 6, 2026 Contract Agreement No comments yet

The formation of a valid contract begins with an offer. Without a valid offer, there can be no acceptance and consequently no binding agreement. Courts are frequently called upon to determine whether a statement, letter, advertisement, negotiation, or conduct amounts to a legally enforceable offer or merely a preliminary step in negotiation.
In Ghana, as in common law jurisdictions, the law of offer is governed by well-established judicial principles which emphasize certainty, objectivity, and commercial practicality.
An offer is therefore not simply any proposal or statement. It must reflect a clear intention to be legally bound upon acceptance.

Read more

The Objective Test in Contract Law: Meaning, Application, and Legal Significance

February 6, 2026 Contract Agreement No comments yet

The objective test is a fundamental principle used by courts to determine whether a legally binding contract exists and to interpret the meaning of contractual terms. Under this approach, the court does not focus on what the parties privately intended in their minds. Instead, it examines how the words and conduct of the parties would appear to a reasonable person placed in the same circumstances.
The test is rooted in the need for certainty in commercial and social transactions. If courts were to rely on secret intentions or undisclosed motives, contractual relations would become unpredictable and unstable. The law therefore prioritizes outward expression over internal thought.

Read more
Social

Consult a Lawyer

If you want to get a consultation without any obligations, fill in the form below and we will get in touch with you.
+ (233) 25 768 8288
0257688288