(a) What is a contract? (b) List five elements of a valid contract. (c) Explain four ways by which a contract may be discharged.
Explanation
(a) A contract is a legally binding agreement between two or more people which is enforceable in a court of law. (b) Five elements of a valid contract: (i) Offer (ii) Acceptance (iii) Consideration (iv) Legally (v) Intention to create legal relationship. (vi) Contractual capacity/competence. (vii) Formality (viii) Consensus ad idem —Agreement/Genuine assent/Meeting of the minds. (c) Ways by which a contract may be discharged: (i) By agreement: If both parties agree to discontinue the contract before any of the parties performed his own side of the contract. (ii) By performance: A contract ends when each party has completely performed his own part of the contract. (iii) By frustration: A contract may be discharged by the occurrence of an event which makes it impossible to execute the contract. (iv) By breach: This occurs when one party fails to perform his own part. The other party may seek for redress in the law court. (v) By lapse of time: When the period stipulated for the execution of the contract has passed. (vi) By operation of law: This occurs when a contract is terminated on legal grounds e.g. bankruptcy or court decision that vitiates contractual obligations.