13/01/2026
📌 WHY EVERY TRANSACTION SHOULD BE PUT IN WRITING
A few days ago, while we were at the police station for the case of a client, a matter was brought to the police station. The story goes thus:
Mr. A who deals in purchase and installation of solar systems for individuals and corporate organisations was engaged by Mr. B to supply and install a solar system for his residence at an agreed sum of ₦1,000,000.00 which was paid in full.
The system was delivered and installed. However, about one week later, the system developed faults.
Mr. B reported the issue and requested that it be repaired or replaced.
Mr. A declined. Mr B in a bid to recover the contract sum reported the matter to the police.
The challenge that arose was this:
There was no written contract stating:
a. The specifications or quality of the solar system
b. Whether any warranty applied
c. The parties’ obligations in the event of a fault
d. Whether repair, replacement, or refund was contemplated
What then Is the Legal Position in situations like this?
It is important to note that the law recognises oral contracts.
Accordingly, Mr. B is not entirely without remedies.
He may rely on:
1. Proof of payment
2. Electronic communications such as WhatsApp messages and call records.
3. Testimony of persons who witnessed the transaction
4. The implied legal obligation to supply goods that are fit for their intended purpose
On this basis, he may seek remedies such as:
1. Repair, replacement, or refund (as may be appropriate), and
2. Damages for breach of contract.
The Practical reality is that
While remedies may exist, the burden of proof is significantly heavier where there is no written agreement.
In the absence of a written contract, disputes often turn into one party’s word against the other.
Establishing the exact terms agreed upon becomes more complex, time-consuming, and uncertain.
Why Written Contracts Matter (For All Parties)
A properly drafted written contract:
1. Clearly defines the rights and obligations of the parties
2. Makes enforcement easier and more predictable
3. Reduces disputes arising from misunderstandings
4. Protects both the service provider and the customer
5. Encourages lawful and orderly dispute resolution
A written contract is not an expression of distrust.
It is a tool for clarity, protection, and accountability.
Seeking legal guidance before disputes arise is often more effective than attempting to resolve issues after they have occurred.
Note:This publication is for general information and does not constitute legal advice.
