• An 80 year old accountant created a contract with a local university. The contract stated that upon the accountant's death, his estate would fund two scholarships/ bursaries. In return the university would follow his "unique" guidelines for the recipient:
• The first award/bursary must go toa male, Caucasian, single, heterosexual student studying accounting. He must stay single throughout the year, must not play inter-collegiate sports, and should do some kind of manual labour in the summer months.
• The second awards must go to a hard-working, single Caucasian white girl who is not feminist or lesbian, also studying accounting. She also must stay single and must not play inter-collegiate sports.
• The contract (scholarship) was challenged. The court ruled that the above scholarship "contract" should not be enforceable.
• From what you know about the 3 elements that will determine whether a contract is enforceable, on what grounds do you think the court made this ruling? (Another way to ask this: which of the 3 elements made this contract not enforceable?)