All posts tagged: Contract law in Ghana

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

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.

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

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.

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