This document outlines the key elements of a valid contract to marry under Malaysian law, including definitions, requirements, breach and consequences. It discusses the requirements of offer, acceptance, consideration and capacity. Capacity requires that parties be single and of age. Breach can occur through failure to marry within a reasonable time or through anticipatory breach. Defences include misrepresentation, lack of a duty of full disclosure, and proof of moral/physical infirmity. Consequences of breach include general and special damages awards.
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
conflict happened between civil courts and syariah courts because civil court interfere syariah court jurisdiction and also happened civil court over ruled the decision of syariah court.The amendment of (1A) had been added to article 121 to specific the jurisdiction of syariah court.
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
conflict happened between civil courts and syariah courts because civil court interfere syariah court jurisdiction and also happened civil court over ruled the decision of syariah court.The amendment of (1A) had been added to article 121 to specific the jurisdiction of syariah court.
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
Essentials of valid contract Dr.R.JOLLY ROSALIND SILVA silvajolly
Essentials or Requisites to make a contract or agreement valid as per section:10 of Indian Contract Act,1872. The famous case law Balfour Vs Balfour to explain the intention to create a legal relationship is highlighted
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
Even in the presence of offer, acceptance and consideration there must be evidence of an intention to
create legal relations between the parties in order to make the resulting contract enforceable.
Whether or not there is an intention to create legal relations is determined by the courts and the courts
use the circumstances and nature of the contract to determine this
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 .
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.
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.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. INSYIRAH MOHAMAD NOH 2018
UKM LAW SCHOOL
1
PROMISE TO MARRY/ BETROTHAL/ PERTUNANGAN
CHECKLIST
A. DEFINITIONS
B. REQUIREMENTS OF A VALID CONTRACT TO MARRY
C. BREACH OF PROMISE
D. DEFENCES
E. CONSEQUENCES OF A BREACH OF PROMISE
A. DEFINITIONS
- Mutual promise to marry
- The act of betrothing or the act of being betrothed
- An agreement that 2 people will be married
B. REQUIREMENTS OF A VALID CONTRACT TO MARRY
1. Offer
- 1 party must make an offer to another party
2. Acceptance
- Where 1 party had made an offer, another party must accept it. Mere acceptance is
acceptable. The act of agreeing to the contract can be constituted as accepting the
offer
3. Consideration
- The agreement/consent of the other party to marry the party making the promise is
sufficient to constitute considerations.
- It can be proved by the party doing some acts requested by the other party
Harvey v Johnston (1848)
D promised to marry P within a reasonable time after her arrival at Lisahoppin,
Ireland if she would go there for the purpose of marrying D
P was single & resided at Toronto, Canada
She went to Ireland as requested but D failed to carry out his promise
P sued D for breach of promise to marry
Court held: (Maule J) There was perfectly good consideration
2. INSYIRAH MOHAMAD NOH 2018
UKM LAW SCHOOL
2
4. Capacity
i. The parties must be single
- The parties must be single at the time the promise is made
- If 1/ both of the parties is/ or already married contract will be held illegal &
unenforceable contrary to public policy
Spiers v Hunt [1908]
D (70 yo) had promised P (35 yo) to marry her upon the death of his wife
P knew D was a married man
D refused to marry P P sued for breach of promise
Court held: (Phillimore J) The court decided in favour of the defendant the
promise was illegal due to incapacity of D
Wilson v Carnley [1908]
Issue: Whether a promise to marry after the death of a wife can be enforced by
the court?
Court held: (Vaughan Williams LJ) Agreed with the stand taken in Spiers v Hunt
the contract was against public policy & morals should not be enforced
EXCEPTIONS
1. P doesn’t know that D is still married when the promise is made
Shaw v Shaw [1954]
1937 – Mr Shaw represented himself as a widower and went through a marriage
ceremony with P, a widow they lived together as husband & wife
1950 – the real Mrs Shaw died
1952 – P discovered she was all along not legally married to D
Court allowed P to sue
2. A promised was made between decree nisi/ decree absolute had already obtained
Fender v St John-Mildmay [1938]
A promised can be made when the woman had obtained a decree nisi
Doesn’t interfere reconciliation process & public policy
3. When a man is permitted to have plurality of wives by his personal law
Nafsiah v Majid [1969]
When D’s personal law allowed him to marry more than 1 wife, the promise is
valid
3. INSYIRAH MOHAMAD NOH 2018
UKM LAW SCHOOL
3
4. When the religion/ both of the parties doesn’t prevent them from marrying each other
- If the religion doesn’t hinder a marriage between them the contract will be valid
Mary Joseph Arokiasamy v Sundram [1938]
D (hindu man) promises to marry P (Christian girl)
P was informed that D’s wife had died
D breached the promised
Court held: No religious impediment against a Hindu man marrying a Christian
girl The promise was valid & enforceable
ii. Age
- Sec. 11 of Contracts Act 1950: a person is competent to enter into a contract if he
has attained the age of 18 yo (*general rule of law of contract)
Rajeswary v Balakrishnan [1958]
P was a girl that entered into a contract to marry when she was still a minor
D breached the promise P sued him
Court held: A minor may enter into a contract of marry
Same facts of the case & holding
o Fernandes v Gonsalves (1925)
Followed by:
o Khimji Kuverji v Lalji Karamsi (1941)
Distinguished from:
o Mohori Bibee v Dhurmodas Ghose (1930)
- Is parental consent needed in contract to marry?
Mr B v Mrs T
Doesn’t have to get parental consent to enter engagement contract
4. INSYIRAH MOHAMAD NOH 2018
UKM LAW SCHOOL
4
C. BREACH OF PROMISE TO MARRY
i. Date of marriage hasn’t been fixed
ii. Anticipatory breach
- An action for breach of contract to marry will lie against the party in breach – man/
woman
- If a specific date of marriage is not fixed the marriage should be held within a
reasonable time
- Another party demands for the marriage another party must have valid &
reasonable excuse for not wanting it (in order to cancel it)
Harrison v Cage (1698)
P promised to marry D’s wife when she was still single & she had made similar
promise
P requested for the marriage to be solemnized D’s wife refused & married D
instead
Court held: There was a breach to marry
Frost v Knight (1872)
D promised P to marry her on the death of his father
Whilst D’s father is still alive, he announced his intention of not wanting to fulfil
his promise & broke off the engagement
P (without waiting for D’s father’s death) brought an action
Court held: It’s possible for P to bring action immediately & not wait for the
event to take place
A contract to marry be the subject of an action for its anticipatory breach
5. INSYIRAH MOHAMAD NOH 2018
UKM LAW SCHOOL
5
D. DEFENCES
i. Misrepresentation of Fact
- D may prove that he/ she had entered the contract to marry as a result of a material
misrepresentation of fact by P
Wharton v Lewis (1824)
ii. A contract to marry is not a contract of uberrimae fidei
- Uberrimae Fidei: Where a party has to disclose to the other party all relevant facts &
information
- Eg: Insurance contract
- Contract to marry isn’t a contract of uberrimae fidei & D may forward this as defence
- Eg: if A is already engaged to B, he didn’t have to inform C at the time he promises to
marry C
Beachey v Brown (1860)
D raised the defence that P agreed to marry another when she entered into an
engagement with D
Had he known this, he would not have agree to marry P
Court held: Rejected his defence & gave judgment to P
Cockburn J: “where it turns out that a woman is of unchaste conduct, which
goes to the the very root of the contract of marriage, there, from the excess
and necessity of the case, the man is released from his contract.”
Implies that there may be an extreme situation where the defence is acceptable
iii. Moral, physical or mental infirmity
- D has to prove that P has some actual moral, physical or mental infirmity renders
him/ her unfit for marriage
- Must prove that:
o The infirmity was discovered either after the engagement contract had been
made
or
o The infirmity had only begun to develop after the making of the contract
Jefferson v Paskell [1916]
6. INSYIRAH MOHAMAD NOH 2018
UKM LAW SCHOOL
6
P contracted a disease of the chest soon after her engagement was diagnosed
by the doctor that it’s tuberculosis
P underwent a treatment but D refused to marry her
iv. Own mental/ physical infirmity
- In Hall v Wright (1859) Court held that D’s mental & physical infirmity can’t be used
by D as a defence
F. CONSEQUENCES OF A BREACH OF PROMISE
- Damages:
a) General damages: damages for the abstract
Eg: negligence, defamation, breach of promise to marry
b) Special damages: damages for specific items – may be quantified in monetary
terms
Eg: Medical expenses, wedding preparations
Berry v Da Costa (1866)
P left her mother’s house and resided with D (D promised to marry her)
P accompanied D to Paris D married another woman
Court held: P was granted £2,500 damages – includes compensation for the
degradation & misery caused to P
Dennis v Senayah [1963]
Rajeswary & Anor v Balakrishnan & Anor [1958]
Doris Rodrigues v Bala Krishnan [1982]
Pavlicic v Votsberger [1940]
Mr B v Ms T