Question 4
Explain five ways by which a contract could be brought to an end.
Comment
The question was attempted few candidates and their performance was also good.
The expected responses to the question include:
4. Ways by which a contract could be brought to an end
i. Agreement: This happens where both parties agree to relieve themselves of their contractual obligation.
ii. Performance: When both parties have performed their own sides of the contract, the contract is automatically brought to an end/ discharged.
iii. Breach: A contract may be brought to an end when one party fails to perform his own side of the contract.
iv. Frustration: This occurs when the performance of a contract by one party is rendered impossible due to factors that are not only beyond his control but also beyond the contemplation of the two parties e.g. death or ill health of one party.
v. Lapse of time: A contract is discharged after the periods laid down for its execution had passed. It therefore becomes too late to bring an action to enforce the contract as the action is said to be statute barred.
vi. Subsequent illegality: This happens when a contract entered into becomes illegal either as a result of law or change in government policy.
vii. Anticipatory breach: This happens where a party informs the other of his intention or inability to perform what is required of him under the contract.
Rescind as a result of misrepresentation: This occurs where a party to a contract discovers he was misled to enter into the contract.