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A contract can be defined as a lawful agreement made by one or more persons within the limits of their contractual capacity, with the intention of creating a legal obligation, communicating such intention without vagueness, each to the other and being of the same mind as to the subject matter to perform positive or negative acts which are possible of performance. (Gibson 1997 p.9). Contracts create responsibilities. These responsibilities are called obligations. Obligations therefore are simply legal relationships made up of rights and duties between the specific legal subjects. For obligations to carry the force of law or simply be legally and contractually binding, it is necessary that there should be agreement or the semblance thereof, between the parties. The following are some of the contracts that one finds at law;
Animus Contrahendi Just as there may be a contract without offer and acceptance, so may there be offer and acceptance without a contract. This may be so because the parties though in agreement, have no intention to bond themselves by a legally enforceable contract- they lack the animus
contrahendi,or the agreement cannot in law be treated as a contract.Lack of animus contrahendi may be expressed in an agreement e.g in De Villier and Another V Sports Pools (PVT) Ltd 1976 (2) RLR 233