What happens when a loved one makes a promise — can you take it to court if they break it? This episode of Legal Matters explored the legal nature of social and domestic agreements in Nigeria and whether they can be enforced like formal contracts.
What Are Social and Domestic Agreements?
These are non-commercial promises often made between spouses, family members, or friends — like offering financial help, housing, or care in exchange for support or companionship. While common, courts usually presume they aren’t meant to be legally binding.
What Makes a Promise a Contract?
Under Nigerian contract law (which mirrors English common law), a valid contract requires:
Offer and acceptance
Consideration (something of value exchanged)
Capacity to contract
Certainty of terms
Intention to create legal relations
The last element — intention to create legal relations — is often missing or unclear in personal agreements, making them unenforceable.
Case Law Examples
Balfour v. Balfour (1919): A husband’s promise to send money to his wife wasn’t enforceable — it was considered a domestic arrangement.
Merritt v. Merritt (1970): A written agreement between estranged spouses was upheld — it showed clear legal intent.
🇳🇬 Application in Nigeria
Though there are few Nigerian cases directly on this, courts follow the same principles:
Casual promises (like “I’ll buy you a car if you take care of my mother”) are usually not binding.
But if there’s a written agreement, financial involvement, or intent to formalize, the court may enforce it.
Practical Advice
Don’t rely on verbal promises alone when serious matters like money, property, or caregiving are involved.
Use a written agreement (like an MoU) or seek legal advice to protect your interests.
In court, evidence of intent and mutual benefit will be critical.
Final Word
In Nigeria, social and domestic agreements are not automatically contracts. To be enforceable, they must meet the standard criteria of a valid legal agreement. When in doubt — write it down and make the intent clear.