Introduction The article continues in Part II where it continues with the forum for unconstitutional contracts by providing further explanations by way of an example. It will move on to discuss the doctrine of restitution under constitutional illegal contracts and conclude the two-part article. Forum for Resolving Unconstitutional Contracts The choice of forum for hearing...
Author: Jonathan Asare (Jonathan Asare)
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June 2, 2020July 24, 2025Commercial Law, Constitutional Law
Constitutionally Illegal Contracts: The Missing Limb Of Illegal Contracts In Ghana (Part 1)
Illegality of contracts is a concept under contract law. It generally refers to the making or performance of a contract contrary to law[1]. Thus, a contract entered into by a party contrary to law or performed contrary to law is an illegal contract. The distinguished law teacher, Dowouna-Hammond, defines illegal contracts as contracts whose “formation...
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May 26, 2020July 24, 2025Constitutional Law
Establishment of Emergency Communications Instrument, 2020 (E.I. 63); A Dangerous Illegality
In the wake of the COVID-19 pandemic, states have had to resort to all manner of measures in fighting the virus. Ghana does not stand as an exception to this. There has been the need to activate and make laws with some speed in this regard. Quintessential of such laws newly made is the Imposition...