Question on: JAMB Commerce - 2014
Mr Taiwo entered into a contract to let a car to Mr Bunmi for his wedding for two days. However, the car had an accident before the first day. Mr Bunmi attempted to claim damages but failed. This implies the contract was terminated by
A
bankruptcy
B
frustration
C
breach
D
lapse of time
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Correct Option: B
The contract was terminated by frustration.
- Frustration: A contract is frustrated when, after its formation, an event occurs that makes the performance of the contract impossible or radically different from what was originally intended, through no fault of either party. In this case, the accident made it impossible for Mr. Taiwo to fulfill the contract to let the car to Mr. Bunmi.
- Breach: A breach of contract occurs when one party fails to perform their obligations under the contract. This didn't occur because of the car accident.
- Lapse of time: This refers to the contract expiring, which isn't relevant here.
- Bankruptcy: This has no bearing on a contract for a car.
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