...Introduction to contract …………………………………………………………....1 2. Age of majority …………………………………………………….……..1 3. What contract that a minor can enter?......................................................................2 4. Contract of necessaries ……………………………………………………………3 5. Contract of scholarships………………………………………………………..….4 6. Contract of employment ………………………………………………………..…4 7. Contract of marriage ………………………………………………………..…5 8. Reference ……………………………………………………..……6 Introduction to contract Contract (or informally known as an agreement in some jurisdictions), can define as an agreement having lawful object entered into voluntarily by parties or a legally binding or enforceable agreement. Each of whom intends to create one or more legal obligations between them. The legislation in Malaysia governing contract is the Contract Act 1950(Act 136), which revised in year 1974. Contracts are an integral part of our daily lives. There are constantly being entered into by individuals with other individuals or business, as well as businesses with other businesses, to sell or transfer property, to provide and receive services and other rights and obligations created (Lee Mei Pheng & Ivan Jeron Dette, 2014). Contracts are closed connected with our daily life, for example, the sales and purchase of goods in based on contract, the employer hiring employees is based on contract, the bank provide...
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...capacity to contract on the part of Ben who is a minor? Whether Ben keep or return the items purchased to Wawasan Sports Shop? b) Law: Based on “Principles of the law of contract in Malaysia( 3rd ed)” written by Alsagoff, S.A. (2010), S.2 stated in the Age of Majority Act 1971 in Malaysia provide that the age of majority to enter to a contract is 18 years old, while the minor who is below 18 years old is incompetent to contract. All agreements are contracts if those agreements made in the condition of free consent by parties are competent to contract as stated in Contract Act 1950, S.10(1). Besides, the people who are competent to contract must be above 18 years old which mean age of majority, must be sound minded and must be not disqualified as stated in S.11 of Contract Act 1950. If the person is capable of understanding a contract and forming a rational judgment, the person is said to be sound mind as stated in S. 12. For example, a person who is mentally disable, drunk, suffering of sick and so on is unsound minded. According to "Principles of Business and Corporate law, Malaysia" written by Krishnan, L., Rajoo, P., & Vergis, A.C., (2009), S.37 and S.40 of the Specific Relief Act 1950, the court has discretion to order compensation to the other which justice may require. In the case Tan Hee Juan v The Boon Keat (1934), an infant who was executed transfers of land which it were witnessed and registered. The court held the transfer of an infant is void. Besides...
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...Mailed on 23/12/13 BRIEF DISCUSSION ON CONTRACT ACT- 1872 According to Section 2 (h) of the Indian Contact Act, 1872, "A contract is an agreement enforceable by law”. A contract therefore, is an agreement the object of which is to create a legal obligation i.e., a duty enforceable by law. From the above definition, we find that a contract essentially consists of two elements: (1) An agreement and (2) Legal obligation i.e., a duty enforceable by law. As per section 2 (e) "Every promise and every set of promises, forming the consideration for each other, is an agreement." Thus it is clear from this definition that a 'promise' is an agreement. Section 2 (b) states that "When the person to whom the proposal is made signifies his assent thereto the proposal is said to be accepted. A proposal, when accepted, becomes a promise." An agreement, therefore, comes into existence only when one party makes a proposal or offers to the other party and that other party signifies his assent (i.e., gives his acceptance) thereto. In short, an agreement is the sum total of 'offer' and 'acceptance'. Example, A promises B to sell his horse for Rs. 10,000/-. The Law of Contract deals with such promises which create legal obligations. This excludes those promises made in common life which may be morally binding but creates no legal binding. Promises which do not give rise to legal obligations are not contracts. For example, if A promises B to attend the dinner and fails to attend then...
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...ASPECTS OF BUSINESS (3 credits) Set I Marks 60 Each question carries 10 marks 1. What are the essentials for a Valid Contract? Describe them in details. Essential of a Valid Contract All contracts are agreement but all agreements need not be contracts. The agreements that create legal obligation only are contracts. This validity of an enforced able agreement depends upon whether the agreement satisfies the essential requirements laid down in the acts. Section 10 lays down that ‘all the agreement are contracts if they are made by the free consent of the parties competent to contract for a lawful object and are not hereby expressly declared to the void’. The following are the essentials: a) Agreement: An agreement which is preliminary to every contract is the outcome of offer and acceptance. An offer to do or not to do a particular act is made by one party and is accepted by the other to whom the offer is made the we say that there is meeting of the mind of the parties. Such a position is know as consensus ad idem. b) Free consent: The parties should agree upon the same thing in the same sense and their consent should be free from all sorts of pressure. In other words it should not be caused by coercion, undue influence, misrepresentation, fraud or mistake. c) Contractual capacity: The parties entering into an agreement must have legal competence. In other word they must have attained the age of majority should be of sound mind and should be disqualified under the law of the land...
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...1. Examine at least two circumstances in which this non-compete agreement would be unenforceable. Contracts of employment are generally given to prospective employees who have applied for a position or type of sub-contractor with a company. The employment contract will be the agreement between the company and employer to the prospective employees. The contract will spell out the rights to the employee, responsibilities, duties, conditions, and terms of that they will be governed. Contracts insure the company protects its business interest when the perspective employer agrees to the terms and conditions. The recipient of the lets them determine if the conditions and terms are acceptable or, need to have something added or taken away. In some cases even after the terms are agreed upon there are situations where a party of the signed contract needs to have the terms reexamined. If a upscale hotel called “Fabulous Hotel” hires a person as the head chef having a two-year contractual agreement but then, after the two years another hotel want to hire them. There is a paragraph in the original contract of the Fabulous Hotel the chef agreed to that states” The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ.” This might sound definite to a degree that the chef is helpless. Contracts have to be examined carefully to understand how binding they may be especially, given certain circumstances...
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...Question Zarul and his wife, Zanira, received a pamphlet from Oo La La Travel and Tour Ltd (OLLT). In the said pamphlet, OLLT advertised a tour package to Pulau Gemia, Terengganu for a family package of four for the price of RM20,000. The tour package included these items: a) Four nights and five days stay at Hotel Seri Gemia, two suites with ocean view; b) Four meals at Hotel Seri Gemia, the restaurant serving international dishes; c) Free access to Hotel Seri Gemia’s gym, SPA, Oympic size swimming pool and two days of scuba diving activity; d) Free bicycles to tour the whole island; and e) Free island hopping tour around the islands surrounding Pulau Gemia. Zarul then made a reservation with OLLT and the tour was set for 2.2.2014 till 7.2.2014. Zarul then paid the sum RM20, 000 to OLLT. Zarul and his wife took their sons Zahim and Zamani with them to the island. When all of them went to Hotel Seri Gemia, they found that the said hotel was not conductive for holiday leisure. They did not get the suites as promised but got only one room with two single beds and the room was also very small. The room was not facing the sea but the swimming pool instead. The food served was not international cuisine but local dishes instead. There was no gym, no SPA, no Olympic size swimming pool. Actually, there was only one pool for children. There was no scuba diving activity as well. The bicycle tour and the island hopping activities were also not carried out. When they...
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...CHARACTERISTICS AND TYPES OF A COMPANY INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii) Of the act states that “an existing company means a company formed and registered under any of the previous companies laws”. This definition does not reveal the distinctive characteristics of a company . According to Chief Justice Marshall of USA, “A company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it possesses only those properties which the character of its creation of its creation confers upon it either...
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...the various types of companies. INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to (1) overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii) Of the act states that “an existing company means a company formed and registered under any of the previous companies laws”. This definition does not reveal the distinctive characteristics of a company . According to Chief Justice Marshall of USA, “A company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it...
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...Topic 1 Introduction and Elements of a Contract LEARNING OUTCOMES By the end of this topic, you should be able to: 1. 2. 3. 4. Identify laws and Acts which govern the formation of a contract in Malaysia; Explain the definition of a contract; Discuss the basic elements in the formation of a contract; and Analyse the legal provisions regarding each element in the formation of a contract. INTRODUCTION In this topic, you will be introduced to the laws which govern the formation of a contract in Malaysia. You should understand the definition of a contract and each basic element in the formation of a contract, which are made up of offer, acceptance, consideration, capacity, intention and certainty. Students will not only find Malaysian Acts and cases applied in the discussions, but also those from England, India and Singapore. These are facts neces sary to support your answers during the examination. With a clear understanding of all the points above, you should be able to complete all the exercises given in this topic. 2 TOPIC 1 INTRODUCTION AND ELEMENTS OF A CONTRACT 1.1 INTRODUCTION, DEFINITION AND BASIC ELEMENTS OF A CONTRACT In Malaysia, the Contracts Act 1950 (hereafter referred to as CA 1950) governs the formation of a contract. The Sale of Goods Act 1957 governs contracts for the sale of goods, whereas hire-purchase contracts are governed by the Hire-Purchase Act 1967. Apart from these Acts, students will also study English cases and...
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...INDEX S.NO. TOPIC INDIAN CONTRACT ACT Nature and Kind of Contracts Offer and Acceptance of an Offer Capacity of Parties and Consideration Void Agreement and Contingent Contract Performance of Contract Discharge of a Contract Remedies for Breach of Contract and Quasi-contract Agency PAGE 2-10 11-22 23-34 35-49 50-62 63-72 73-81 82-99 SALES OF GOODS ACT Sales of Goods Act CONSUMER PROTECTION ACT Consumer Protection Act NEGOTIABLE INSTRUMENT ACT Negotiable Instrument Act THE PARTNERSHIP LAW The Partnership Law THE COMPANIES ACT 1956 & COMPANIES LAW 2013 Companies Act 1956: Types of Company and Its Characters 101-127 129-140 142-167 169-191 193-211 Companies Act 1956: Memorandum, Article of Association and 212-239 Prospectus Companies Act 1956: Share Capital Companies Act 1956: Meeting Companies Act 1956: Management of the Company Companies Act 2013 240-275 276-302 303-340 341-364 THE CYBER LAW 2000 & AMENDMENTS IN 2008 CASES 0 MODULE-1 INDIAN CONTRACT ACT 1872 Chapters 1. Nature and Kind of Contracts 2. Offer and Acceptance of an Offer 3. Capacity of Parties and Consideration 4. Void Agreement and Contingent Contract 5. Performance of Contract 6. Discharge of a Contract 7. Remedies for Breach of Contract and Quasi-contract 8. Agency 1 The Indian Contract Act 1872: Nature and Kind of Contracts Learning Objectives In this chapter, students will come to know What is an agreement and a contract? What are the essential elements...
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...ATENEO de Manila LAW SCHOOL LAW ON SALES OUTLINE [1] Dean Cesar L. Villanueva First Semester, SY 2011-2012 Atty. Alexander C. Dy Atty. Ray Paolo J. Santiago I. The Nature of Sale A. Definition (Art. 1458) Sale is a contract whereby one of the contracting parties [the seller] obligates himself to transfer the ownership[2] and to deliver the possession, of a determinate thing, and the other party [the buyer] to pay therefor a price certain in money or its equivalent. xCruz v. Fernando, 477 SCRA 173 (2005).[3] 1. Elements of Sale Elements of sale: (a) consent or meeting of the minds; (b) determinate subject matter; and (c) price certain in money or its equivalent. xNavarra v. Planters Dev. Bank, 527 SCRA 562 (2007).[4] Sale being a consensual contract, its essential elements must be proven. xVillanueva v. CA, 267 SCRA 89 (1997). Absence of any essential elements negates a sale xDizon v. CA, 302 SCRA 288 (1999),[5] even when earnest money has been paid. xManila Metal Container Corp. v. PNB, 511 SCRA 444 (2006). But once all elements are proven, a sale’s validity is not affected by a previously executed fictitious deed of sale. xPeñalosa v. Santos, 363 SCRA 545 (2001); and the burden is on the other party to prove otherwise. xHeirs of Ernesto Biona v. CA, 362 SCRA 29 (2001). ...
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...THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. This Act shall be known as the "Civil Code of the Philippines." (n) Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Article 3. Ignorance of the law excuses no one from compliance therewith. (2) Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a) Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a) Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines...
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...nominate contract whereby one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing and the other to pay therefor a price certain in money or its equivalent. Delivery and payment in a contract of sale are so interrelated and intertwined with each other that without delivery of the goods there is no corresponding obligation to pay. The two complement each other. It is clear that the two elements cannot be dissociated, for the contract of purchase and sale is essentially a bilateral contract, as it gives rise to reciprocal obligations. (Pio Barretto Sons, Inc. vs. Compania Maritima, 62 SCRA 167). Neither is the delivery of the thing bought nor the payment of the price necessary for the perfection of the contract of sale. Being consensual, it is perfected by mere consent. Contract to sell exclusive right and privilege to purchase an object. a bilateral contract whereby the prospective seller, while expressly reserving the ownership of the subject property despite delivery thereof to the prospective buyer binds himself to sell the said property exclusively to the prospective buyer upon fulfilment of the condition agreed upon, that is, full payment of the purchase price. Absent a proviso in the contract that the title to the property is reserved in the vendor until full payment of the purchase price or a stipulation giving the vendor the right to unilaterally rescind the contract the moment...
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...LTD., at continenta (London) Ltd.. Cooks Road, London E-15 2pw This copy cannot be sold in the U.K., unless sold by or authorised by the 3 Meezan Bank’s Guide to Islamic Banking TABLE OF CONTENTS Preface 7 SECTION I INTRODUCTION TO ISLAMIC ECONOMIC SYSTEM 1 2 3 Chapter 1: Chapter 2: Chapter 3: The Islamic Economic System Factors of production in Islam The objectives of the distribution of wealth in Islam 11 19 29 SECTION II RIBA, ITS PROHIBITION & CLASSIFICATIONS 4 5 6 7 8 Chapter 4: Chapter 5: Chapter 6: Chapter 7: Chapter 8: Riba in the Qur'an Riba in Hadith Riba and its types Commercial interest and usury Simple and compound interest 34 36 42 53 62 SECTION III ISLAMIC CONTRACT 9 10 11 12 Chapter 9: Chapter 10: Chapter 11: Chapter 12: Islamic contract Sale Valid Sale Five khiyars 66 68 70 77 SECTION IV ISLAMIC MODES OF FINANCING 13 Chapter 13: Musharakah 14 Chapter 14: Mudarabah 4 81 98 Meezan Bank’s Guide to Islamic Banking 15 16 17 18 19 20 21 Chapter 15: Chapter 16: Chapter 17: Chapter 18: Chapter 19: Chapter 20: Chapter 21: Diminishing Musharakah Murabaha Salam Istisna’ Istijrar...
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...right to enforce contractual obligations? * Contractual obligations only exist between those who have agreed to undertake them. * It follows that only parties to the contract have the right to bring an action to enforce it. This is called ‘privity’ of contract. * Price v Easton (1833) 4 B & Ad 433 * Coulls v Bagot's Executor & Trustee Co Ltd (1967) 119 CLR 460 Price v Easton 1. Original debt owed by builder to Mr Price. But the builder cannot pay 2. Mr Easton makes a promise to the builder that he will pay the builder’s debt to Price if the builder does some work for Easton 3. Builder does the work for Easton, but Easton does not pay Price. Price sues Easton to enforce promise Easton made to the builder Coulls v Bagot's Executor 1. A contract was made for stone to be quarried by O’Neill in exchange for a payment of royalties 2. Under the contract, the royalties are to be paid direct to Mrs Coulls 3. After Mr Coulls dies, his executor (Bagot) wants to know if Mrs Coulls has a contractual right to the royalties The element of intention to be bound * An agreement is only legally enforceable if the parties intended to be legally bound. * Note: The ‘intention to be legally bound’ is important because it serves to distinguish between contracts and agreements that are not enforceable in the courts. * Intention is to be judged objectively. The court asks whether, in the circumstances, a reasonable person would regard...
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