Law of Contract
•Download as PPTX, PDF•
2 likes•2,665 views
1) Saleem, a minor student from Bangladesh, took out a loan of RM5,000 from Krishnamoorthy to help his family affected by floods. However, Saleem had misrepresented being over 18 by calculating his age according to the Islamic calendar. 2) Under Malaysian law, minors lack legal capacity to enter enforceable contracts. Any contract entered into by a minor is voidable. 3) While there are some exceptions for taxes, penalties, and necessities, the contract between Saleem and Krishnamoorthy would be void since loans do not fall under these exceptions. Saleem cannot be enforced to repay the loan.
Report
Share
Report
Share
Recommended
CASE REVIEW: PUBLIC PROSECUTOR v TEO ENG CHAN & ORS
1. The four accused were charged with raping a 16-year-old girl ("Kay") in a deserted quarry. They admitted to having sex with her but claimed she consented.
2. Kay said she did not consent and was threatened by the men. She cried and screamed in pain during the acts. The next day she reported the incident to a doctor.
3. The court found Teo, Sim, and Ng guilty of rape under Section 376(2) of using threats and fear. Yap was found guilty of simple rape under Section 376(1) for lack of consent. The judgment was agreed with for thoroughly examining the issues.
Acceptance in Contract and its Communication
This document provides an introduction and overview of the key concepts regarding acceptance in contract law under the Bangladesh Contract Act 1872. It discusses when a proposal is considered accepted, the requirements for a valid acceptance, and exceptions to the general rules. Some key points covered include:
- An acceptance is an unqualified expression of assent to the terms proposed by the offeror. Mere acknowledgment does not constitute acceptance.
- If a prescribed method of acceptance is not followed, the offeror is not bound unless compliance was waived in a way that did not disadvantage the offeree.
- Under the postal rule, acceptance by posted letter is effective upon posting rather than receipt. Revocation is also effective upon posting.
Implied terms
Terms can be implied in a contract in three ways: by custom or trade usage, by law, or by courts.
For a term to be implied by custom or trade usage, it must be reasonable, certain, and notorious within the relevant industry. The custom cannot contradict the express terms of the contract. Terms may also be implied by law through common law precedents or statutes that apply to certain types of contracts.
Courts use the business efficacy and officious bystander tests to determine if a term should be implied. Under business efficacy, a term will be implied if it is necessary to make the transaction effective. The officious bystander test considers whether the term is so obvious that both parties would
EVIDENCE 2
This document provides an outline and explanation of key concepts related to documentary evidence under Malaysian law, including:
- The definition of a document and various examples.
- The process of authenticating documentary evidence, which involves first proving the genuineness of the document and then proving its content.
- Requirements for proving genuineness, including calling the author as a witness or proving handwriting. If these requirements are not met, the document constitutes inadmissible hearsay.
- Requirements for proving content, including introducing the original document as primary evidence and allowing secondary evidence like copies only in certain situations.
The document discusses relevant sections of the Malaysian Evidence Act and case law examples to illustrate proper
Lembaga Kemajuan Tanah Persekutuan [FELDA] v Mariam & Ors
This case involved a land development project where a subcontractor built housing for workers. One of the houses collapsed, killing a worker. The worker's dependents sued FELDA, who had contracted the main work. The court found FELDA liable for negligence as the occupier of the land, owing a duty of care to provide safe housing to workers, which it breached when the house collapsed. FELDA could not rely on an act of God defense as the evidence was hearsay. The doctrine of res ipsa loquitur applied since the house must have been unsafe. The court accepted that duty of care can exist without a contract under Donoghue v Stevenson.
Ll1 slides dealings part 1
This document discusses dealings under the National Land Code (NLC) of Malaysia, specifically focusing on transfers and leases of alienated land. It defines key terms like "dealings", outlines the relevant divisions and instruments needed to effect various types of dealings according to the NLC. For transfers, it discusses what can be transferred, how to transfer, and the effect of transfers. It also addresses special considerations for transferring estate land. The document then defines leases and tenancies, compares their characteristics, and discusses the power to grant leases and their duration and effects under the NLC.
Disclosure under malaysian CPC
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Third party proceeding & summary judgement
Third party proceedings allow a defendant in a lawsuit to add additional parties that may be wholly or partly liable for the claim. A defendant can initiate third party proceedings if they claim contribution, indemnity, or require determination of an issue regarding the subject matter of the claim. A third party served with notice will be bound by the judgment if they do not enter an appearance or defend the claim.
Summary judgment allows a plaintiff to obtain a judgment without a full trial if the defendant's defense has no merit or raises no triable issues. To obtain summary judgment, the plaintiff must show the defendant has entered an appearance, been served with the statement of claim, and submit an affidavit verifying the claim and stating there is no defense
Recommended
CASE REVIEW: PUBLIC PROSECUTOR v TEO ENG CHAN & ORS
1. The four accused were charged with raping a 16-year-old girl ("Kay") in a deserted quarry. They admitted to having sex with her but claimed she consented.
2. Kay said she did not consent and was threatened by the men. She cried and screamed in pain during the acts. The next day she reported the incident to a doctor.
3. The court found Teo, Sim, and Ng guilty of rape under Section 376(2) of using threats and fear. Yap was found guilty of simple rape under Section 376(1) for lack of consent. The judgment was agreed with for thoroughly examining the issues.
Acceptance in Contract and its Communication
This document provides an introduction and overview of the key concepts regarding acceptance in contract law under the Bangladesh Contract Act 1872. It discusses when a proposal is considered accepted, the requirements for a valid acceptance, and exceptions to the general rules. Some key points covered include:
- An acceptance is an unqualified expression of assent to the terms proposed by the offeror. Mere acknowledgment does not constitute acceptance.
- If a prescribed method of acceptance is not followed, the offeror is not bound unless compliance was waived in a way that did not disadvantage the offeree.
- Under the postal rule, acceptance by posted letter is effective upon posting rather than receipt. Revocation is also effective upon posting.
Implied terms
Terms can be implied in a contract in three ways: by custom or trade usage, by law, or by courts.
For a term to be implied by custom or trade usage, it must be reasonable, certain, and notorious within the relevant industry. The custom cannot contradict the express terms of the contract. Terms may also be implied by law through common law precedents or statutes that apply to certain types of contracts.
Courts use the business efficacy and officious bystander tests to determine if a term should be implied. Under business efficacy, a term will be implied if it is necessary to make the transaction effective. The officious bystander test considers whether the term is so obvious that both parties would
EVIDENCE 2
This document provides an outline and explanation of key concepts related to documentary evidence under Malaysian law, including:
- The definition of a document and various examples.
- The process of authenticating documentary evidence, which involves first proving the genuineness of the document and then proving its content.
- Requirements for proving genuineness, including calling the author as a witness or proving handwriting. If these requirements are not met, the document constitutes inadmissible hearsay.
- Requirements for proving content, including introducing the original document as primary evidence and allowing secondary evidence like copies only in certain situations.
The document discusses relevant sections of the Malaysian Evidence Act and case law examples to illustrate proper
Lembaga Kemajuan Tanah Persekutuan [FELDA] v Mariam & Ors
This case involved a land development project where a subcontractor built housing for workers. One of the houses collapsed, killing a worker. The worker's dependents sued FELDA, who had contracted the main work. The court found FELDA liable for negligence as the occupier of the land, owing a duty of care to provide safe housing to workers, which it breached when the house collapsed. FELDA could not rely on an act of God defense as the evidence was hearsay. The doctrine of res ipsa loquitur applied since the house must have been unsafe. The court accepted that duty of care can exist without a contract under Donoghue v Stevenson.
Ll1 slides dealings part 1
This document discusses dealings under the National Land Code (NLC) of Malaysia, specifically focusing on transfers and leases of alienated land. It defines key terms like "dealings", outlines the relevant divisions and instruments needed to effect various types of dealings according to the NLC. For transfers, it discusses what can be transferred, how to transfer, and the effect of transfers. It also addresses special considerations for transferring estate land. The document then defines leases and tenancies, compares their characteristics, and discusses the power to grant leases and their duration and effects under the NLC.
Disclosure under malaysian CPC
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Third party proceeding & summary judgement
Third party proceedings allow a defendant in a lawsuit to add additional parties that may be wholly or partly liable for the claim. A defendant can initiate third party proceedings if they claim contribution, indemnity, or require determination of an issue regarding the subject matter of the claim. A third party served with notice will be bound by the judgment if they do not enter an appearance or defend the claim.
Summary judgment allows a plaintiff to obtain a judgment without a full trial if the defendant's defense has no merit or raises no triable issues. To obtain summary judgment, the plaintiff must show the defendant has entered an appearance, been served with the statement of claim, and submit an affidavit verifying the claim and stating there is no defense
5 exceptions provided under Section 300 of Penal Code
The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.
Lien and lien holder's caveat
The document discusses liens and lien holder's caveats under Malaysian land law. It provides definitions and discusses key cases that have helped define:
- What constitutes a valid lien under section 281 of the National Land Code, including whether the loan can be to a third party rather than just the registered proprietor.
- The effect of a lien holder's caveat, including that it has a similar prohibitive effect as a private caveat in preventing subsequent dealings on the land.
- Issues around who can create and enter a lien holder's caveat, as well as the requirements and procedures around creating and removing caveats. Cases have found equitable rights can still exist even if statutory requirements are not fully met.
Ll1 slides indefeasibility part 2
This document discusses exceptions to indefeasibility of title under Malaysian land law. It outlines the main exceptions in Section 340(2) of fraud, forgery, and defective instruments. It provides details on the elements required to prove fraud, including that the registered proprietor must be party or privy to the fraud with intention to cheat. Forgery relates to the instrument of transfer being invalid rather than the parties' acts. Case examples are discussed regarding fraud, forgery, and defective instruments such as an invalid power of attorney. Malaysia applies deferred indefeasibility, so titles obtained by defective instruments remain defeasible until transferred to a bona fide purchaser.
Bay al inah and tawarruq
Bay' al-Inah and Tawarruq are Islamic financing techniques that involve two sale contracts to provide liquidity to customers. Both techniques involve the customer purchasing an asset on deferred payment terms, then immediately reselling the asset for cash. There are debates around the permissibility of each technique, with conditions applied. Proponents argue they are permissible when following the correct procedures, while opponents argue they enable backdoor interest. Regulators allow them with restrictions to prevent interest.
Study notes contract law
The document provides an overview of the analytical framework of contract law. It discusses the key elements in the formation of contracts, including offers, acceptance, consideration, and intention to create legal relations. It also covers the requirements of certainty, completeness, and form in contracts. The document is divided into five parts that will examine how contracts are formed, the content of contracts, who can enforce contracts, how contracts can be destroyed, and how contracts come to an end or are discharged.
Ll1 slides adverse possession
The document discusses the law of adverse possession and squatting on state and private land in Malaysia. It explains that adverse possession does not apply under Malaysian law and squatters have no legal rights, even after long occupation. The cases cited show that courts have consistently held squatters cannot claim rights to land and the state authority has sole power to alienate state land.
Relevancy of evidence under Section 6 of Evidence Act 1950
1) Section 6 of the Evidence Act 1957 incorporates the common law doctrine of res gestae. It allows facts that form part of the same transaction to be admitted as evidence, even if they occurred at different times and places.
2) For a fact to be considered part of the same transaction under Section 6, there must be (i) proximity of time, (ii) unity/proximity of place, and (iii) continuity of action/purpose. The time gap can be expanded to accept facts occurring over several days or months as long as these criteria are met.
3) Both acts and statements can be considered res gestae and admitted under Section 6. Statements of those present like bystanders
Writ of Summons - For Revision Purposes Only
Writ of Summons as per syllabus of LAW 547 - Advanced Civil Procedure I
Faculty of Law, Universiti Teknologi MARA, MALAYSIA
Land Law I - Compilation of Lecture Slides
This document provides an overview of Land Law I, a compulsory course for law undergraduates at UKM. It includes the following key points:
1. The course aims to provide students with an understanding of the basic principles of land law and administration in Malaysia. It covers topics such as the concept of land law and the Torrens system, definitions of land, disposal and acquisition of land, land classification and usage.
2. The course is divided into lectures, tutorials, assignments and presentations. Topics covered in the first semester include provisions in legislation regarding land, the definition of land, the Torrens system, and the rights and powers of the state government in disposing of and acquiring land.
Pre trial case management (2017 2018)
Contents :
Definition
Importance
Attendance
Appearance
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Sale of goods
The document discusses key concepts relating to contracts of sale under the Sale of Goods Act 1957 in Malaysia. It covers definitions of a contract of sale, essential elements for a valid contract, implied terms and conditions in contracts of sale, and remedies for breach of conditions/warranties. Some key points summarized:
1) A contract of sale involves the transfer of ownership of goods from a seller to a buyer for a price. It requires offer, acceptance, consideration and intention to be bound.
2) Implied terms include the seller having title to sell the goods, goods being of merchantable quality and fit for the buyer's known purpose, and corresponding to any description or sample provided.
3)
Illegally obtained evidence
This is a comparative study on the concept of illegally obtained evidence between Malaysia, United Kingdom, United States of America and the concept from Islamic Perspective.
rape
Group 3 presented on the law of rape in Malaysia. Key points included:
1. Rape is a sexual offence involving unlawful sexual gratification without consent.
2. Consent must be freely given and not obtained through force, threats, misconception or when the victim is incapable.
3. Punishment is enhanced if rape is committed with circumstances like causing harm or in the presence of others.
4. Consent is invalid if obtained through fear, misconception of facts, belief of marriage, lack of understanding of the act, or abuse of authority.
5. Sexual intercourse with a person under 16 is considered rape regardless of consent.
(1) evidence (overview)
This document discusses the history and purpose of the Malaysian Evidence Act 1950. It was modeled after the Indian Evidence Act of 1872, which codified English common law rules of evidence. The Act aims to regulate the presentation of facts in court proceedings to ensure justice and fair trials. It defines evidence as oral statements by witnesses and documentary evidence. Evidence must relate to facts in issue or other relevant facts as defined in the Act. Relevant facts are those that are logically connected or probative to matters requiring proof, subject to exclusionary rules like hearsay. The document also discusses types of evidence and the distinction between facts in issue in civil and criminal cases.
Civil assignment
Ramadhan is seeking to invoke Order 1A of the Rules of Court 2012 to remedy irregularities in his application against Syawal. Order 1A allows courts to consider justice over technical non-compliance. However, the document analyzes several cases that have found Order 1A cannot be used to override mandatory rules or cure intentional non-compliance. As Ramadhan failed to comply with the mandatory prerequisites in Order 6 Rule 7(2A) for renewing his writ, it is unlikely the court would allow him to invoke Order 1A in this case.
charges 4
This document summarizes key procedures and considerations regarding the sale of land charged under a land office title in Malaysia. It outlines the process the chargee must take to apply for an order of sale from the Land Administrator, including an inquiry where only the chargor and chargee can attend. It also discusses differences compared to foreclosure on a registry title, the Land Administrator's limited powers, and rights of the chargor and chargee throughout the process.
Article 11, 12 13
This document summarizes key aspects of religious freedom and property rights under the Malaysian Constitution. It outlines the rights to profess, practice and propagate religion (A11), as well as limits on these rights, including restrictions on attempting to convert Muslims. It discusses cases related to religious instruction in schools, wearing religious attire, and preventing religious propagation. The document also defines property under A13, notes it includes tangible and intangible forms, and outlines legal requirements and protections regarding deprivation of property, including the right to compensation.
Concept Bare trust and Stakeholder
The document discusses the concepts of bare trust and stakeholder under Malaysian law. It begins by explaining that a solicitor stakeholder temporarily holds money or property while its owner is still being determined, such as money paid by a purchaser pending registration of a property transfer. It then summarizes two key Malaysian cases on stakeholders. The document also discusses the English common law position on bare trusts, where the vendor becomes a bare trustee once a valid sale contract exists. However, under Malaysian law bare trustee status only arises after full payment and execution of a valid transfer, as established in another case summarized. The key differences between the common law and Malaysian positions on bare trusts are also outlined.
Defences (infancy)
Samy and Kutu, both aged 11, are charged with attempted theft of a motorcycle. They can claim the defense of infancy under Section 83 of the Penal Code if they are found to lack sufficient maturity and understanding of their actions. However, evidence that they skillfully cut the lock with a tool and fled from police suggests they understood the wrongful and prohibited nature of their conduct, meaning Section 83 defense would not apply in this case.
Law of Duress in Malaysia and United Kingdom
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
Lecture 5
This document summarizes the law around capacity to contract in India. It defines capacity as the ability to legally incur obligations and acquire rights. Minors (those under 18) are generally not competent to enter valid contracts as the law aims to protect them. An agreement with a minor is void, and the minor cannot later ratify it. However, a minor can recover money owed for necessities like food and clothes. Someone of unsound mind may also lack capacity if they cannot understand the contract or make rational judgments about its effects. Certain other groups are also legally disqualified from contracting.
Chapter 14 – Capacity to Contract
This document summarizes the concept of capacity to contract. [1] It discusses how minors, those with mental disabilities, and intoxicated persons may lack capacity. [2] It explains that those without capacity can disaffirm or avoid contracts, but may also later ratify them. [3] The duties upon disaffirmance, such as returning consideration, are also outlined.
More Related Content
What's hot
5 exceptions provided under Section 300 of Penal Code
The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.
Lien and lien holder's caveat
The document discusses liens and lien holder's caveats under Malaysian land law. It provides definitions and discusses key cases that have helped define:
- What constitutes a valid lien under section 281 of the National Land Code, including whether the loan can be to a third party rather than just the registered proprietor.
- The effect of a lien holder's caveat, including that it has a similar prohibitive effect as a private caveat in preventing subsequent dealings on the land.
- Issues around who can create and enter a lien holder's caveat, as well as the requirements and procedures around creating and removing caveats. Cases have found equitable rights can still exist even if statutory requirements are not fully met.
Ll1 slides indefeasibility part 2
This document discusses exceptions to indefeasibility of title under Malaysian land law. It outlines the main exceptions in Section 340(2) of fraud, forgery, and defective instruments. It provides details on the elements required to prove fraud, including that the registered proprietor must be party or privy to the fraud with intention to cheat. Forgery relates to the instrument of transfer being invalid rather than the parties' acts. Case examples are discussed regarding fraud, forgery, and defective instruments such as an invalid power of attorney. Malaysia applies deferred indefeasibility, so titles obtained by defective instruments remain defeasible until transferred to a bona fide purchaser.
Bay al inah and tawarruq
Bay' al-Inah and Tawarruq are Islamic financing techniques that involve two sale contracts to provide liquidity to customers. Both techniques involve the customer purchasing an asset on deferred payment terms, then immediately reselling the asset for cash. There are debates around the permissibility of each technique, with conditions applied. Proponents argue they are permissible when following the correct procedures, while opponents argue they enable backdoor interest. Regulators allow them with restrictions to prevent interest.
Study notes contract law
The document provides an overview of the analytical framework of contract law. It discusses the key elements in the formation of contracts, including offers, acceptance, consideration, and intention to create legal relations. It also covers the requirements of certainty, completeness, and form in contracts. The document is divided into five parts that will examine how contracts are formed, the content of contracts, who can enforce contracts, how contracts can be destroyed, and how contracts come to an end or are discharged.
Ll1 slides adverse possession
The document discusses the law of adverse possession and squatting on state and private land in Malaysia. It explains that adverse possession does not apply under Malaysian law and squatters have no legal rights, even after long occupation. The cases cited show that courts have consistently held squatters cannot claim rights to land and the state authority has sole power to alienate state land.
Relevancy of evidence under Section 6 of Evidence Act 1950
1) Section 6 of the Evidence Act 1957 incorporates the common law doctrine of res gestae. It allows facts that form part of the same transaction to be admitted as evidence, even if they occurred at different times and places.
2) For a fact to be considered part of the same transaction under Section 6, there must be (i) proximity of time, (ii) unity/proximity of place, and (iii) continuity of action/purpose. The time gap can be expanded to accept facts occurring over several days or months as long as these criteria are met.
3) Both acts and statements can be considered res gestae and admitted under Section 6. Statements of those present like bystanders
Writ of Summons - For Revision Purposes Only
Writ of Summons as per syllabus of LAW 547 - Advanced Civil Procedure I
Faculty of Law, Universiti Teknologi MARA, MALAYSIA
Land Law I - Compilation of Lecture Slides
This document provides an overview of Land Law I, a compulsory course for law undergraduates at UKM. It includes the following key points:
1. The course aims to provide students with an understanding of the basic principles of land law and administration in Malaysia. It covers topics such as the concept of land law and the Torrens system, definitions of land, disposal and acquisition of land, land classification and usage.
2. The course is divided into lectures, tutorials, assignments and presentations. Topics covered in the first semester include provisions in legislation regarding land, the definition of land, the Torrens system, and the rights and powers of the state government in disposing of and acquiring land.
Pre trial case management (2017 2018)
Contents :
Definition
Importance
Attendance
Appearance
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Sale of goods
The document discusses key concepts relating to contracts of sale under the Sale of Goods Act 1957 in Malaysia. It covers definitions of a contract of sale, essential elements for a valid contract, implied terms and conditions in contracts of sale, and remedies for breach of conditions/warranties. Some key points summarized:
1) A contract of sale involves the transfer of ownership of goods from a seller to a buyer for a price. It requires offer, acceptance, consideration and intention to be bound.
2) Implied terms include the seller having title to sell the goods, goods being of merchantable quality and fit for the buyer's known purpose, and corresponding to any description or sample provided.
3)
Illegally obtained evidence
This is a comparative study on the concept of illegally obtained evidence between Malaysia, United Kingdom, United States of America and the concept from Islamic Perspective.
rape
Group 3 presented on the law of rape in Malaysia. Key points included:
1. Rape is a sexual offence involving unlawful sexual gratification without consent.
2. Consent must be freely given and not obtained through force, threats, misconception or when the victim is incapable.
3. Punishment is enhanced if rape is committed with circumstances like causing harm or in the presence of others.
4. Consent is invalid if obtained through fear, misconception of facts, belief of marriage, lack of understanding of the act, or abuse of authority.
5. Sexual intercourse with a person under 16 is considered rape regardless of consent.
(1) evidence (overview)
This document discusses the history and purpose of the Malaysian Evidence Act 1950. It was modeled after the Indian Evidence Act of 1872, which codified English common law rules of evidence. The Act aims to regulate the presentation of facts in court proceedings to ensure justice and fair trials. It defines evidence as oral statements by witnesses and documentary evidence. Evidence must relate to facts in issue or other relevant facts as defined in the Act. Relevant facts are those that are logically connected or probative to matters requiring proof, subject to exclusionary rules like hearsay. The document also discusses types of evidence and the distinction between facts in issue in civil and criminal cases.
Civil assignment
Ramadhan is seeking to invoke Order 1A of the Rules of Court 2012 to remedy irregularities in his application against Syawal. Order 1A allows courts to consider justice over technical non-compliance. However, the document analyzes several cases that have found Order 1A cannot be used to override mandatory rules or cure intentional non-compliance. As Ramadhan failed to comply with the mandatory prerequisites in Order 6 Rule 7(2A) for renewing his writ, it is unlikely the court would allow him to invoke Order 1A in this case.
charges 4
This document summarizes key procedures and considerations regarding the sale of land charged under a land office title in Malaysia. It outlines the process the chargee must take to apply for an order of sale from the Land Administrator, including an inquiry where only the chargor and chargee can attend. It also discusses differences compared to foreclosure on a registry title, the Land Administrator's limited powers, and rights of the chargor and chargee throughout the process.
Article 11, 12 13
This document summarizes key aspects of religious freedom and property rights under the Malaysian Constitution. It outlines the rights to profess, practice and propagate religion (A11), as well as limits on these rights, including restrictions on attempting to convert Muslims. It discusses cases related to religious instruction in schools, wearing religious attire, and preventing religious propagation. The document also defines property under A13, notes it includes tangible and intangible forms, and outlines legal requirements and protections regarding deprivation of property, including the right to compensation.
Concept Bare trust and Stakeholder
The document discusses the concepts of bare trust and stakeholder under Malaysian law. It begins by explaining that a solicitor stakeholder temporarily holds money or property while its owner is still being determined, such as money paid by a purchaser pending registration of a property transfer. It then summarizes two key Malaysian cases on stakeholders. The document also discusses the English common law position on bare trusts, where the vendor becomes a bare trustee once a valid sale contract exists. However, under Malaysian law bare trustee status only arises after full payment and execution of a valid transfer, as established in another case summarized. The key differences between the common law and Malaysian positions on bare trusts are also outlined.
Defences (infancy)
Samy and Kutu, both aged 11, are charged with attempted theft of a motorcycle. They can claim the defense of infancy under Section 83 of the Penal Code if they are found to lack sufficient maturity and understanding of their actions. However, evidence that they skillfully cut the lock with a tool and fled from police suggests they understood the wrongful and prohibited nature of their conduct, meaning Section 83 defense would not apply in this case.
Law of Duress in Malaysia and United Kingdom
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
What's hot (20)
5 exceptions provided under Section 300 of Penal Code
5 exceptions provided under Section 300 of Penal Code
Relevancy of evidence under Section 6 of Evidence Act 1950
Relevancy of evidence under Section 6 of Evidence Act 1950
Similar to Law of Contract
Lecture 5
This document summarizes the law around capacity to contract in India. It defines capacity as the ability to legally incur obligations and acquire rights. Minors (those under 18) are generally not competent to enter valid contracts as the law aims to protect them. An agreement with a minor is void, and the minor cannot later ratify it. However, a minor can recover money owed for necessities like food and clothes. Someone of unsound mind may also lack capacity if they cannot understand the contract or make rational judgments about its effects. Certain other groups are also legally disqualified from contracting.
Chapter 14 – Capacity to Contract
This document summarizes the concept of capacity to contract. [1] It discusses how minors, those with mental disabilities, and intoxicated persons may lack capacity. [2] It explains that those without capacity can disaffirm or avoid contracts, but may also later ratify them. [3] The duties upon disaffirmance, such as returning consideration, are also outlined.
Capacity to contract
1) A minor is defined as a person under 18 years of age under Indian law. Contracts entered into by a minor are void ab initio, or void from the beginning.
2) However, a minor can be held liable to repay money or restore benefits obtained for necessaries suited to their condition of life.
3) A minor may also be admitted to the benefits of a partnership with the consent of all other partners, but cannot be held personally liable as an agent.
Essentials of a valid contract
This document defines the key elements and essentials of a valid contract under Indian law. It discusses that a contract requires two parties, a definite offer and acceptance, consideration, lawful purpose and intent to create legal obligations. It provides examples of case laws that further explain these requirements like there must be intent to create legal binding agreement, consideration must be given with consent of promisor, minor's agreements are void etc. It also defines what makes a contract void or voidable like lack of free consent, illegality of purpose, failure to meet essential elements.
Consideration
The document discusses the concept of consideration in contracts. It defines consideration as something bargained for and received by the promisor from the promisee in exchange for the promise. Consideration can be in the form of an act, abstinence from an act, or a return promise. It must be something of value in the eyes of law and move at the desire of the promisor. Consideration can be past, present or future. There are exceptions to the privity rule that allow third parties to enforce contracts under certain conditions like trusts or intended benefits.
ContractsA contract is based on promises .docx
Contracts
A contract
is based
on promises
voluntarily
made
Do all
promises
give rise to
contractual
obligations?
OfferAcceptanceConsiderationCapacityLegality
Unilateral and bilateral Expressed and impliedValidVoid and voidableUnenforceable
PROMISE
FOR AN
ACT
Reward is
an example
PROMISE
FOR A
PROMISE
ART AGREES TO PAINT HOUSE AND BOB AGREES TO PAY $1,000.
Bill and Linda meet at a party. He was
74, and she was 49. A month later, they
started to talk about marriage. Linda was
concerned about quitting her job, and Bill said he would give her whatever she needed. One day, she walked into the bathroom with a handwritten note containing financial terms for a marriage, and he signed it. They got married, but Bill filed for divorce 1 ½ years later.
What is the issue?
Does the contract given to and signed by the husband in the bathroom constitute a valid and enforceable agreement that was freely
entered into?
What kind of agreement was it, unilateral or bilateral?
It was unilateral because it was an agreement to marry.
How did the court rule?
To be enforceable, the agreement must be freely entered into without duress or undue influence. When marriage is contemplated, the parties must do so knowing of the assets of the other. In this case, the parties never disclosed their assets, liabilities or income. The husband also never had the chance to consult an attorney. Therefore, the agreement is not enforceable.
Stated in direct
termsCan be written
or oral
I will sell you my sports car for $25,000
When you
go to the
doctor, you
impliedly
agree to pay
for services.
Plaintiffs cared for the decedent for
several months before he died. They
claimed they were promised payment
for services. Defendant maintains that
they are a family member so services
were gratuitously rendered.
Contract implied-in–fact is to prevent
unjust result. Normally, there is a presumption
that services rendered by a family member
are free. However, contract may be implied
when service are performed with expectation
of payment. In this case, plaintiffs can point
to no evidence that they agreed upon a
price with the decedent, what form
payment would take, or when payment
would be made, so a contract should
not be implied.
Satisfies all
requirements of
an enforceable
agreement
Binds one party
but gives the other
option to withdraw
Element of
contract has
no legal force
or effect
ILLEGAL
CONTRACT
Satisfies elements of
a valid contract but
won't be enforced
by court
Most contracts
are oral in nature
and can be enforceable.
The major problem with oral contracts is proving the existence of the agreement.
Oral contracts require the courts to assess the credibility of the parties.
Are agreements where
people pool their money
to buy l.
BUS 115 Chap010 capacity and legality
This document discusses contractual capacity and the capacity of minors to enter into contracts. It defines key concepts like capacity, disaffirmation, and emancipation. It provides examples of types of contracts that minors can void, like executory contracts, and contracts they are liable for, like necessaries. The document also discusses other capacity issues like mental impairment, intoxication, and ratification. It examines cases related to minors' contracts and restrictions on agreements that are considered unlawful.
BUS 115 Chap009 consideration and cyberpayments
This document discusses consideration in contracts and cyberpayments. It defines consideration as a bargained-for exchange between parties where each party provides benefits and suffers detriments. Consideration must involve a legal detriment like doing something one is not required to do or refraining from something one can legally do. The document also discusses issues like adequacy of consideration, bargained exchanges, and exceptions to consideration like promissory estoppel. It analyzes cyberpayment options and security issues in light of EU privacy directives.
Business law contract
Law of Attraction. Law of firms and business. Before you open business you have to read law. There are many laws in Cambodia . If you have done any wrong from the laws, you will be fine or punish by the level of you against the laws. Laws is laws. However, you have to obey the laws. As human, we live in society in order to help each other to obey the law. Laws is created by human. Human have to follow what it say in it.
Communication is about Laws too. PUC have one subject called Laws. Laws can learn in every school in Cambodia. Because it is Laws.
Chapter 10 section1-2
This document summarizes key points from a business law textbook about contractual capacity and the ability to disaffirm contracts. It discusses who has contractual capacity, such as minors, intoxicated or mentally incapacitated individuals. Minors can disaffirm non-necessary contracts both during and after reaching the age of majority. There are exceptions where contracts cannot be disaffirmed, like court-approved contracts, marriages, and work contracts. The document also addresses the consequences of misrepresenting one's age when entering a contract.
Chapter 10 section 1-2
This document summarizes key points from a business law textbook about contractual capacity and the ability to disaffirm contracts. It discusses who has contractual capacity, such as minors, intoxicated or mentally incapacitated individuals. Minors can disaffirm non-necessary contracts both during and after reaching the age of majority. There are exceptions where contracts cannot be disaffirmed, like court-approved contracts, marriages, and work contracts. The document also addresses the consequences of misrepresenting one's age when entering a contract.
Indian contract act .pptx
General offer vs specific offer, CArlill vs Carbolic case, The lal man shukla case, Section 13, 14, 15, 16, Flaws in contract
Business Law Principles and Practices Goldman, A., & S.docx
Business Law
Principles and Practices
Goldman, A., & Sigismond, W. (2014). Business Law: Principles and Practices (9th ed.). South-
Western Cengage Learning.
< ~ _,- " i " . ' l u,_~ ~• 't - -. . l
~ < '*~~ . ~. :,
~- - i
Cengage Advantage
Books
PRINCIPLES AND PRACTICES
apacity
APTER PREVIEW
inor's Rights and Obligations
erv1ew
ors' Right to Disaffirm a Contract
- : eptions to a Minor's Right to Disaffirm a
Contract
ors' Right to Ratify a Contract
-,..epresentation of Age by a Minor
- ors' Liability for Necessaries
-ems' Liability for Minors' Contract
- rs' Liability for Torts
ons Under the Influence of
cohol or Other Drugs
ally Incompetent Persons
- -al Incompetence Determined by a
.=ourt
- 1 Incompetence Not Determined by a
:ourt
169 '
CHAPTER
HIGHLIGHTS
: ~,'
I]] 0
IN A BUSINESS
SETTING
Capacity to Contract =----
LEARNING OBJECTIVE~
Define capacity to contract.
capacity to contract: legal and
mental ability to understand the
nature of an enforceable agreement
disaffirmance: refusal of incompetent
party to carry out the terms of an
agreement
This chapter explores the third required element of a legally enforceable
contract, namely, the capacity to contract. You will learn that certain classes o
persons have only limited or no power to contract. The remainder of the
chapter outlines in some detail the liabilities of these individuals on ordinary
contracts and for those contracts involving goods and services that the law
considers necessary to life and health. It will be interesting to learn how far the
law goes to protect minors, and even refer to them as "infants" in many of thei•
court decisions.
Andy, a 17%-year-old minor, purchased an expensive computer at Pace Computers
for $2,500 and paid cash from his savings account. The purchase was for
pleasure purposes . At the time of the sale, the salesperson was aware that Andy
was a minor but made the sale anyway, thinking of the commission he would
receive. Later on, Andy's girlfriend convinced him to take an overseas trip with
her to several European countries. Since he needed all the money he could get
{his savings account was depleted), he returned to Pace Computers to return the
computer and to demand the return of the purchase price, claiming that he had
a right to do so because of his protected status. The manager looked at Andy's
driver's license and claimed that Andy was now an adult since he had turned
18 years of age and could no longer disaffirm the contract. Actually, Andy had
passed his eighteenth birthday by two days.
Questions
1. Was it unethical (unfair) for Andy to return the computer and demand his
money back?
2. Could the manager refuse to take back the computer?
Capacity to contract is the legal and mental ability of a person to understand th at
he or she is entering into an agreement that is enforceable by law. It is a defens e
available to an otherwise valid contrac ...
Agreements
This document provides an overview of civil law relating to agreements and torts. It discusses key elements of agreements including offer and acceptance, intention to create a legally binding contract, consideration, and capacity to enter agreements. It distinguishes between domestic and commercial agreements. Some key cases are summarized to illustrate legal principles around offers, acceptance, and consideration. The document also briefly touches on tort law. Overall, the summary provides a high-level introduction to the formation of agreements under civil law.
Question commercial law (us!!)
The document discusses whether a minor and insane person can enter into a valid contract. It explains that under Malaysian law, a minor is considered anyone under the age of 18 and is not competent to enter contracts. An insane person also lacks capacity to contract due to their mental state. The document analyzes relevant cases and exceptions for certain types of minor's contracts. It concludes that contracts by a minor or insane person are generally void, unless they meet specific exceptions.
capacitytocontract-.pptx
The document discusses the capacity and competency of parties to enter into a contract under Indian law. It addresses several key points:
1) Only parties who are of sound mind and have attained the age of majority can enter into a valid contract. Minors and persons of unsound mind lack contractual capacity.
2) A minor's agreements are void ab initio. However, a minor can be a promisee or beneficiary in a contract. They are also liable for necessaries supplied to them like food and shelter.
3) A person is considered of unsound mind if they are unable to understand the contract or form a rational judgment on its effects. Their capacity depends on the mental state at the time
Legitimate debt relief advice
After suffering from a poor credit report for years, Mark Clayborne went on a mission to study everything he could on restoring his credit. Concluding the extensive research, he repaired his credit report and learned various hidden secrets on how to improve a bad credit file. Because of this new found tested knowledge, Mr. Clayborne helped over a hundred consumers repair their credit and take their financial life back. Now, he wants to share these strategies with the world and as a result HIDDEN CREDIT REPAIR SECRETS was created which has sold over 1000 copies as of today. Mark is a certified credit consultant with over 100 articles written in the area of credit repair and a successful radio show titled “Who Else Wants Better Credit”, which is aired on Blog Talk Radio every Tuesday & Thursday at 7:30PM-PST. Mark educates his customers through articles, videos, his blog and various credit repair kits. He graduated from Virginia Commonwealth University with a Bachelor's Degree in Criminal Justice. He also holds a paralegal diploma. He currently lives in sunny California with a beautiful wife and lovely daughter.
T1, 2021 business law lecture 3 - contracts 2
This document provides an overview of key concepts related to contract law, including consideration, promissory estoppel, and privity of contract. It defines consideration as the price paid for a promise and lists the rules regarding consideration, such as the requirement for consideration in simple contracts. The document also discusses the doctrine of promissory estoppel and explains the concept of privity of contract.
Capacity and validity of contract
1. Capacity to contract under Indian law requires that parties are of the age of majority, sound mind, and not legally disqualified from entering contracts.
2. Any agreement with a minor is void, as a minor lacks capacity until age 18. While minors cannot be bound by contracts, they can receive partnership benefits and must return benefits received under a void contract.
3. To be of sound mind, one must understand the contract and rationally judge its effects on their interests, as defined in Section 12 of the Indian Contract Act. People who are occasionally unsound cannot contract during those periods.
5. Consideration.pptx
marketing questions relevant to scholars, educators, managers, consumers, policy makers and other societal stakeholders. It is the premier outlet for substantive research in marketing. Since its founding in 1936, JM has played a significant role in shaping the content and boundaries of the marketing discipline?
Publisher Information
Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE is a leading international provider of innovative, high-quality content publishing more than 900 journals and over 800 new books each year, spanning a wide range of subject areas. A growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne. www.sagepublishing.com
Rights & Usage
This item is part of a JSTOR Collection.
For terms and use, please refer to our Terms and Conditions
Journal of Marketing
Similar to Law of Contract (20)
Business Law Principles and Practices Goldman, A., & S.docx
Business Law Principles and Practices Goldman, A., & S.docx
Recently uploaded
bryophytes.pptx bsc botany honours second semester
bryophytes.pptx bsc botany honours second semester
Post init hook in the odoo 17 ERP Module
In Odoo, hooks are functions that are presented as a string in the __init__ file of a module. They are the functions that can execute before and after the existing code.
Andreas Schleicher presents PISA 2022 Volume III - Creative Thinking - 18 Jun...
Andreas Schleicher, Director of Education and Skills at the OECD presents at the launch of PISA 2022 Volume III - Creative Minds, Creative Schools on 18 June 2024.
CapTechTalks Webinar Slides June 2024 Donovan Wright.pptx
Slides from a Capitol Technology University webinar held June 20, 2024. The webinar featured Dr. Donovan Wright, presenting on the Department of Defense Digital Transformation.
Opportunity scholarships and the schools that receive them
A report from the Public School Forum of North Carolina
A Quiz on Drug Abuse Awareness by Quizzito
A quiz on drug abuse and it's awareness by Quizzito, The Quiz Society of Gargi College in collaboration with Drug Free World, India
Contiguity Of Various Message Forms - Rupam Chandra.pptx
Contiguity Of Various Message Forms - Rupam Chandra.pptx
220711130100 udita Chakraborty Aims and objectives of national policy on inf...
Aims and objectives of national policy on information and communication technology(ICT) in school education in india
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 8 - CẢ NĂM - FRIENDS PLUS - NĂM HỌC 2023-2024 (B...
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 8 - CẢ NĂM - FRIENDS PLUS - NĂM HỌC 2023-2024 (B...Nguyen Thanh Tu Collection
https://app.box.com/s/nrwz52lilmrw6m5kqeqn83q6vbdp8yzpA Free 200-Page eBook ~ Brain and Mind Exercise.pptx
(A Free eBook comprising 3 Sets of Presentation of a selection of Puzzles, Brain Teasers and Thinking Problems to exercise both the mind and the Right and Left Brain. To help keep the mind and brain fit and healthy. Good for both the young and old alike.
Answers are given for all the puzzles and problems.)
With Metta,
Bro. Oh Teik Bin 🙏🤓🤔🥰
欧洲杯下注-欧洲杯下注押注官网-欧洲杯下注押注网站|【网址🎉ac44.net🎉】
【网址🎉ac44.net🎉】欧洲杯下注在体育博彩方面，不难发现，欧洲杯下注多为英式运动提供投注。欧洲杯下注为丰富多彩的体育项目提供投注，如足球、赛马、板球和飞镖，但这不是欧洲杯下注的唯一优势。在欧洲杯下注，全世界玩家都可以找到自己感兴趣的比赛进行投注。欧洲杯下注为网球和美式运动如棒球、美式足球、篮球、冰球开出的投注同样值得关注。在夏季或冬季奥运会方面，欧洲杯下注为玩家开出了丰富多彩的服务，是你的不二之选。你还可以投注水球、自行车和班迪球等小众体育项目，甚至可以为武术、拳击和综合格斗投注。欧洲杯下注为众多体育项目开出滚球投注。
How to Fix [Errno 98] address already in use
This slide will represent the cause of the error “[Errno 98] address already in use” and the troubleshooting steps to resolve this error in Odoo.
Accounting for Restricted Grants When and How To Record Properly
In this webinar, member learned how to stay in compliance with generally accepted accounting principles (GAAP) for restricted grants.
Recently uploaded (20)
bryophytes.pptx bsc botany honours second semester
bryophytes.pptx bsc botany honours second semester
220711130097 Tulip Samanta Concept of Information and Communication Technology
220711130097 Tulip Samanta Concept of Information and Communication Technology
Andreas Schleicher presents PISA 2022 Volume III - Creative Thinking - 18 Jun...
Andreas Schleicher presents PISA 2022 Volume III - Creative Thinking - 18 Jun...
CapTechTalks Webinar Slides June 2024 Donovan Wright.pptx
CapTechTalks Webinar Slides June 2024 Donovan Wright.pptx
Opportunity scholarships and the schools that receive them
Opportunity scholarships and the schools that receive them
Contiguity Of Various Message Forms - Rupam Chandra.pptx
Contiguity Of Various Message Forms - Rupam Chandra.pptx
220711130100 udita Chakraborty Aims and objectives of national policy on inf...
220711130100 udita Chakraborty Aims and objectives of national policy on inf...
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 8 - CẢ NĂM - FRIENDS PLUS - NĂM HỌC 2023-2024 (B...
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 8 - CẢ NĂM - FRIENDS PLUS - NĂM HỌC 2023-2024 (B...
A Free 200-Page eBook ~ Brain and Mind Exercise.pptx
A Free 200-Page eBook ~ Brain and Mind Exercise.pptx
Project- Comparison among Chhattisgarh and kerala.pptx
Project- Comparison among Chhattisgarh and kerala.pptx
Accounting for Restricted Grants When and How To Record Properly
Accounting for Restricted Grants When and How To Record Properly
Law of Contract
- 1. Law of contract Q.44(a) Tariq Bin Mostafiz 1317711 “Don't judge each day by the harvest you reap but by the seeds that you plant.”
- 2. Facts • Saleem is a student from Bangladesh studying at the International Islamic University, Malaysia. He sought a loan from Krishnamoorthy for the purpose of helping his family who had suffered untold damage caused by the recent floods in Bangladesh. At the time of the loan, Krishnamoorthy asked him whether he is over 18 years old. Saleem replied that he believed that he is over 18 years old. Thereupon, Krishnamoorthy lends saleem RM5,000. Saleem was happy to send the money to his family. • In fact, Saleem had not yet reached 18 years of age at the time of the loan as he had calculated his age according to the Islamic calendar. Later, when Krishnamoorty asked for the payment of the loan, Saleem could not repay since he was penniless. Saleem thereupon seeks legal advice. • The issue is, Whether Saleem (minor) is enforceable to pay the loan
- 3. Capacity to Contract • Capacity is the legal ability to enter into a contract. • Sec 10 of Ca: “All agreements are contracts if they are made by the free consent of parties competent to contract” • Sec 11 of CA provides that “a person is said competent to contract, who is of the age of majority according to the law to which he is subject…… • Sec 2 of the age of Majority says “all persons in Malaysia attain the age of majority at 18” • In Malaysia the general rule is that contract or agreement entered into by a minor is void. A minor can not sue or be sued in contract • Majority: The age at which parental responsibility for support ends— usually at age 18.
- 4. Exceptions • Yet, some contracts cannot be voided. Specifically, a minor remains liable for certain contractual obligations: 1. Taxes 2. Penalties 3. Bank regulations 4. Military 5. Necessaries
- 5. Case: Bowling v. Sperry • Facts: Sixteen year old Larry Bowling (P) purchased a used car from Sperry (D) for $140. Bowling attempted to return the car to Sperry after discovering that the main bearing was defective and was informed that repairs would cost $45-$95. P left the car with D and mailed a letter disaffirming the contract. P sued D for the return of his money and the trial court entered judgment for D on the grounds that the contract was not voidable, because P’s aunt and grandmother accompanied P when he purchased the car and gave him the money to purchase it. P appealed.
- 6. Issue: Is a purchase contract by a minor voidable despite the participation of an adult in the transaction? • Holding and Rule: Yes. A purchase contract by a minor is voidable despite the participation of an adult in the transaction. Others cases of minor:- Mohori Bibee, Tan Hee Juan, Gov. of Malaysia v Gurcharan Singh
- 7. Misrepresentation of age • Under the Malaysian law, even misrepresentation of age by a minor will not make a valid contract. The other party can not enforce the contract. • In case of Mohamad Syedol Arifin court held: As the misrepresentation was not fraudulent and even if it was, no action could be enforced against the respondent as he is still a minor. • Similar case: Natasan
- 8. Conclusion • Minors lack legal capacity. Therefore, they can create only voidable contracts. • The contract between Saleem & Krishnamoorty is void.