Last Saturday, Kevin was driving at a speed of 50km/h along the Royal Road, Rose Belle and he was heading towards the Airport of Mauritius. At the same time, Yash who was also in Rose Belle was heading towards Curepipe in the opposite lane in his car. A pedestrian (Paul) suddenly appears in front of Yash and in an attempt to avoid Paul, Yash drove into Kevin's lane and his car collided with that of Kevin. Following the accident, it came to light that Kevin was under the influence of alcohol and as a consequence, Kevin's insurance company refused to compensate Kevin for any damages given the existence of an exclusion clause which provides that: "in case the driver is under the influence of alcohol and/or any illicit substance, the insurer shall not be responsible towards the driver and/or policy holder". On the other hand, Yash claims that he is not responsible for any damages as the accident occurred due to Paul's fault. (a) Briefly explain the main conditions required for the formation of a contract. (b) Briefly explain the conditions required for proving 'la responsabilit dlictuelle' and explain Yash's liability