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(a) What is a contract? (b) List five elements of a contract (c) Explain six conditions ...

(a) What is a contract?
(b) List five elements of a contract
(c) Explain six conditions that could lead to the termination of a contract.
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    Correct Answer: Option n
    Explanation:
    (a) A contract is an agreement between two or more persons which is intended to be enforced by law.
    (b) Elements of a contract:

    offer
    acceptance
    consideration
    formality
    legality
    capacity of the parties
    intention to create legal relationship.

    (c) Situations/conditions under which a contract is terminated or brought to an end:
    (i) By performance: When all the parties to the contract have performed or carried out their own part of the contract.
    (ii) By breach: When one of the parties fails to perform his part of the contract.
    (iii) By mutual agreement: When the parties voluntarily agree to discontinue the contract especially when negative results are imminent.
    (iv) Operation of the law: If the law declares one of the parties bankrupt, the contract is discontinued. When there is an alteration of a written law affecting the contract.
    (v) By frustration: If the contract becomes frustrated by an act not foreseen when the contract was entered into e.g. flood disaster, war, insanity, earthquakes.
    (vi) Lapse of time: This occurs where there is a term in the contract by which the contract is deemed to have terminated by failure to act in time.
    (vii) The contract is discharged by the death or insanity of a party to the contract.
    (viii) If the subject of the contract is illegal e.g. prostitution or contract with a minor before the age of eighteen (18) except in the case of a contract of necessity e.g. apprenticeship.

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