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JAMB Commerce 1998 Question 35

Question 35

Law of Contract

Sabo and Gambo entered into a contract for the sale of two baskets of tomatoes belonging to Gambo. Before the date of delivery and without any default by Gambo, the tomatoes were stolen. This is an example of termination of contract by

  1. A.breach
  2. B.performance
  3. C.fault
  4. D.frustration.
Show the answer and explanation

Answer: D (frustration.)

Explanation

An event beyond either party's control that makes performance impossible frustrates the contract.