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Addendum: Can Tacha sue Peter Okoye for a breach of contract? II BY Akintunde F. Adeyemo

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Addendum: Can Tacha sue Peter Okoye for a breach of contract? II BY Akintunde F. Adeyemo

BASED ON SOME COMMENTS ON THIS CONTROVERSIAL ISSUE—WHETHER TACHA CAN SUE PETER PSQUARE FOR BREACHING A UNILATERAL CONTRACT OF N60 MILLION—HERE IS MY ADDENDUM:

As a matter of law, advertisements are not considered contracts, but they may be considered a unilateral contract. In a unilateral contract, as previously stated, you don’t necessarily have to meet all the elements of a bilateral contract, including satisfying the statute of frauds.

Also, the dynamics of an offer, a consideration, and an acceptance, all basic elements of an enforceable contract, are quite different for a unilateral contract.

For instance, we won’t necessarily be considering whether there was a meeting of the minds in a unilateral contract/or/and whether there was a counteroffer/or/and whether Peter Psquare intended to enter into a contract. By the way, even if this were a promise, let us not forget that contracts are promises that the law will enforce. And there is nothing illusory here, since the element of consideration, performance as required in a unilateral contract, is present.

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Because we are not God/psychics, we wouldn’t have known what was going on in Peter Psquare’s mind, but we have a clear manifestation of his intent to offer Tacha N60 million, demonstrated by his serious utterances over time. The latter should be our window into his heart, not the former.

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The notion of a unilateral contract is such that only one person, the offeror, the master of his offer, can make an offer to the offeree (known/unknown; that is debatable), so if anyone performed as stipulated in the offer, whether by advertisement or by other means, that would have satisfied the element of consideration.

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A learned judge/factfinders might reason that Peter Psquare’s offer to compensate Tacha was akin to a form of advertisement, which is a unilateral contract; and, because the offer was directed to a specific person through a well-known channel of communication (a public forum), Twitter, then Tacha’s performance ends if she fails to win N60 million on BBN. And she did fail.

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Sure, she was disqualified, but there was no disqualification clause in the original offer, so Tacha’s lawyer can invoke the parole evidence rule, asking a learned judge/factfinders to exclude such insinuation/self-serving fact from the evidence.

That is my take. I stand by my original post. I think this will make for an interesting case in this area of jurisprudence.

Akintunde F. Adeyemo (JD)

© 2019 AKINTUNDE F. ADEYEMO ALL RIGHTS RESERVED

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