ASSIGNMENT: Business Law (example of answer)Rofidah Azman
I got quite good mark for this assignment. I'd like to share with other fellow students the example of answers for the questions. There are of course rooms for improvement. Good luck!
ASSIGNMENT: Business Law (example of answer)Rofidah Azman
I got quite good mark for this assignment. I'd like to share with other fellow students the example of answers for the questions. There are of course rooms for improvement. Good luck!
Contract Law - Question given by lecturer and my answer.Maliza Eza
Mary promised to give her brothers RM500 monthly on the condition that their mother transfer some land to her. Their mother agreed and transferred the land to Mary. Mary however failed to fulfill her promise and her brothers sued her on the promise. Advise Mary.
Underlying principles governing relationship between partnersIntan Muhammad
P/S : Hi, 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 Secondly, as law revolves every day, there will be outdated parts in my notes.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!
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
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 Secondly, as law revolves everyday, there will be outdated parts in my notes.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!
Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
Contract Law - Question given by lecturer and my answer.Maliza Eza
Mary promised to give her brothers RM500 monthly on the condition that their mother transfer some land to her. Their mother agreed and transferred the land to Mary. Mary however failed to fulfill her promise and her brothers sued her on the promise. Advise Mary.
Underlying principles governing relationship between partnersIntan Muhammad
P/S : Hi, 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!
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
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 everyday, 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!
Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
Essentials of a valid contract; contract; offer and acceptance; consideration; capacity of parties; free consent; lawful object; void agreements; wagering agreements; quasi contracts.
This slides describes about the background/history of Starbucks. Also SWOT analysis of Starbucks.
Please do 'comment', if you want the assignment copy (Microsoft Word).
This is my first slide show presentation (Semester 1) for my Communication English lesson. Not bad I guess.
Please do 'comment', if you want the assignment copy (Microsoft Word). :)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
1. Group Members : Dharshmi Priya
Kali Selvi
Tharshini a/p Rathumani
Ruben Raj s/o Kiron
Jessy Wilson
Lecturer’s Name : MR Sivaram
Subject : Business Law
Topic : Free Consent
Illegal and Void Contract
Discharge of Contract
2. OUTLINE
Voidable Contracts (Free Consent)
Illegal & Void Contracts
Discharge of Contracts
1. Discuss a case laws on consent
2. Discuss about sections/situations/illustrations/on void
and illegal contracts.
3. Discuss differences ‘void contract’ and ‘voidable
contract’.
4. Briefly discuss about how to discharge from a contract
3. Voidable Contracts
Section 10 of Contracts Act 1950:
‘agreements are contracts if they are made by
the free consent of both parties’.
Consent is said to be free when it is not caused
by one or more of the followings:
Coercion
Undue influence
Fraud
Misrepresentative
Mistake
4. COERCION
Section 15 of the Contracts Act 1950 :
“committing, or threatening to commit any act
forbidden by the Penal Code, or the unlawful
detaining or threatening to detain, any property, to
the prejudice of any person whatsoever, with the
intention of causing any person to enter into the
agreement”.
Case Law:
Kannahaya Lal vs National Bank of India (cotton mill)
Kesarmal s/o Letchman Das v Valiappa Chettiar
5. Undue Influence
Section 16 of the Contracts Act 1950:
‘relationship exists between parties and one party is
in a dominant position over the other and he uses
that position to take unfair advantage over the
other’
6. Undue Influence (cont..)
ILLUSTRATION
A, a man weakened by disease or age, is induced, by B’s
influence over him as his medical attendant, to agree to
pay B an unreasonable sum for his professional services. B
employs undue influence.
Case Law:
Polygram Records s/b v The Search (Mr Eric)
Malaysia French Bank Berhad v. Abdullah bin
Mohd Yusof (P dominate & take unfair advantage)
7. FRAUD
Section 17 of the Contract Act 1950:
‘to include certain acts which are committed with
intent to induce/deceive another party to enter
into a contract’.
Example:through suggestion, active concealment of
fact, blank promise deceive act and fraudulent acts
according to the law. In other words, a fraud exists if
the person who is making the statement itself does
not belief it to be true.
8. FRAUD (cont..)
Illustration:
A sells his horse to B which A knows to be
unsound. However, A tells B that the horse is
sound. This is fraud in A.
If A does not tell B that the horse is sound, then
this is not fraud is A.
Case Law:
Wong Cheong Kong Sdn Bhd v Predential
Assurance Sdn Bhd (involves assumed fraudulent
insurance claim)
9. MISREPRESENTATIVE
Section 18 of the Contract Act 1950
‘misrepresentation’ refers to certain false
statement made by the representation and which
induces the other party to enter into a contract’.
difference between misrepresentation and
fraud is that in fraud the person making the
representation does not himself believe the
representation to be true.
10. MISREPRESENTATIVE (cont)
Case Law
Keates v. Lord Cardogen (ruinious conritioned
house, defendant keeps silence)
Bisset v. Wilkinson (2,000 sheep's, the statement
was merely an honest opinion)
11. MISTAKE
Section 21 of the Contract Act 1950:
“Where both parties to an agreement are under
value a mistake as to a matter of fact essential to
the agreement, the agreement is void”.
ILLUSTRATION:
A agrees to buy from B a certain horse. It turns
out that the horse was dead at the time of the
bargain, though neither party was aware of the
facts. The agreement is void.
12. MISTAKE (cont..)
Case Law
Chan Yoke Lain v Pacific & Orient Insurance Co
SDN BHD (mistake in the signature, Plaintiff’s
claim dismissed).
13. ILLEGAL AND VOID CONTRACTS
Contract may be illegal:
By way of statute
On the grounds of public policy.
Where a contract is illegal, the consequences are as
follows:
The contract is void and therefore neither party can sue
upon it;
Money paid or property transferred under the contract is
normally not recoverable
Related transactions will also be void
14. ILLEGAL AND VOID CONTRACTS
(cont..)
Certain can are expressly declared void by statue.
The most notable example are wagering
contracts.(Rendered void by the Gaming Act 1845)
and restrictive trading agreements; (Controlled by the
Restrictive Trade Practices Act 1976)
Categories of contract which are void at common law
on the grounds of public policy
Contracts to aus the jurisdiction of the courts
Contracts prejudicial to the status or marriage
Contracts in restraint of trade (RET)
15. VOID CONTRACT VOIDABLE CONTRACT
It is not enforceable by law It is enforceable at law at the option of one or
more of the parties
It creates no legal rights A voidable contract can only be objected by the
party who has been subject to fraud, coercion,
misrepresentation and undue influence
It creates no obligations on any
party
If the contract is revoked by a person right fully
then he can also receive the compensation
An agreement which is against
the public policy or against any
law is also void
The contract is voidable at the option of the
party whose consent is caused
Under this contract no
compensation can be paid to any
party
Contracts caused by fraud, undue influence,
misrepresentation or by coercion are voidable
contracts
16. DICHARGE OF CONTRACTS
Definition :
‘Termination of a contractual obligation on court
orders (through an order of discharge) or mutual
agreement or caused by breach of contract,
frustration of contract, performance of contract.’
Discharge by performance,
Discharge by frustration ,
Discharge by breach of contract.
17. DISCHARGE BY PERFORMANCE
Section 38(1) of Contract Acts:
performance of a contract must be exact and precise
and should be in accordance with what parties had
promised.
ILLUSTRATION:
Thus, if Ali promises to deliver goods to Muthu on 3 January 2009 on
payment of RM3000, Ali is bound to deliver the goods to Muthu on that day
and Muthu is bound to pay the RM3000. Performance may be form a third
party and not necessarily from the promisor.
Case Law:
RE Krishnan Rengasamy, ex.p. Arab Malaysian Credit Bhd, (not done within
the stipulates time Section 42)
18. DISCHARGE BY FRUSTRATION
Section 57 (2) of Contract Act 1950
‘a contract to do an act which after the contract
is made, becomes impossible, or by reason of
some event which the promisor could not
prevent., unlawful , becomes void when the act
becomes impossible or unlawful’.
Case Law:
Taylor v. Caldwell (concerts was accidently burnt)
Berney v Tronoh Mines Ltd. (Outbreak of war)
19. DISCHARGE BY BREACH
Section 40 of Contract Act 1950
‘when a party to a contract has refused to
perform or disabled himself from performing his
promise in its entirety, the innocent party may
put an end to the contract’.