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The element that distinguishes a contract from a gift is: performance of the offeror's or donor's promise. whether or not the offeree or donee accepts the offer. whether or not the subject of the gift or contract is illegal. the element of consideration which is present in a contract, but not in a gift.

User Sparkmix
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the element of consideration which is present in a contract, but not in a gift ... ITS CORRECT

User Maestro Vladimir
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