Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
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 Secondly, as law revolves every day, there will be outdated parts in my notes.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!
Dato’ Seri Ir Hj Nizar bin Jamaluddin v Dato’ Seri Dr Zambry bin Abdul Kadir
(Attorney General, Interverner) [2010] 2 MLJ 285 - as fulfill the assessment of LAW 487 - Constitutional Law II at Faculty of Law, Universiti Teknologi MARA, Malaysia
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
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 Secondly, as law revolves every day, there will be outdated parts in my notes.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!
Dato’ Seri Ir Hj Nizar bin Jamaluddin v Dato’ Seri Dr Zambry bin Abdul Kadir
(Attorney General, Interverner) [2010] 2 MLJ 285 - as fulfill the assessment of LAW 487 - Constitutional Law II at Faculty of Law, Universiti Teknologi MARA, Malaysia
DISCHARGE OF A CONTRACT
DISCHARGE BY PERFORMANCE
DISCHARGE BY AGREEMENT OR CONSENT
DISCHARGE BY IMPOSSIBILITY OF PERFORMANCE
DISCHARGE BY LAPSE OF TIME
DISCHARGE BY OPERATION OF LAW
DISHARGE BY BREACH OF CONTRACT
LLB LAW NOTES ON CONTRACTS
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Remedies available to an innocent party when there is a breach of contract are
1) Rescission of contract;
2) Damages;
3) Specific performance
4) Injunction
5) Quantum Meriut
but for the purpose of answering the question, this slides covers on rescissions of contract and damages.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
2. Introduction
• What is deposit?
▫ A sum to be paid as a first installment on the
purchase of something or as a pledge of a contract,
the balance being payable later.
3. Definition of “Deposit”
• In Howe v Smith’s case, Cotton LJ defined deposit
as serving 2 purposes :
(1) Deposit is treated as a guarantee for performance
(2) If the buyer performs his part of the deal, the deposit
goes towards part payment of the purchase price
stated.
4. What is forfeiture of deposit?
• To lose to another individual some rights or
property (money) due to breach of contract to
become liable to the part payment made as an
assurance in the contract and use to compensate
(money) imposed by law for the loss or damages
made.
5. General Rule : Forfeiture of Deposit
• When in the contract the buyer does not go
through or complete the purchase, the deposit
paid by the buyer will be forfeited to the seller
“on account of damages, without prejudice to the
seller’s other remedies.
6. What is Forfeiture?
• What is forfeiture
▫ Giving up something such as money or assets as
consequences of breaching the law
• Example
▫ Landlord forfeits deposit of the rental as the tenant
fails to fulfill his duty or breach the contract ( can only
forfeits if the agreement contains a special clause )
• Exception
▫ Universiti Teknikal Melaka (UTeM) v Mars
Telecommunication Sdn Bhd (2012)
Court held that the respondent can claim for the rent by
virtue of Section 75 of Contracts Act
7. Section 75
• Section 75 of the Contracts Act 1950
▫ If a party breach a contract, the party must pay
sum stated in the agreement or do something as a
penalty, with a reasonable compensation not
exceeding the amount to the adversely affected,
and the adversely affected does not need to prove
his damage
8. Continuation..
• Kim Guan Construction Sdn Bhd v A. Anandaraj
Pillay & Anor (2012)
▫ Court of Appeal held that the judgment was in
favor of the plaintiff. As by the virtue of section 75,
the court must determine what is reasonable
compensation “whether or not actual damage or
loss is proved to have been caused thereby”.
However in this case, the defendant fail to prove
basis of rectification work let alone the quantum
of damages
9. Continuation…
• Common law
▫ Agosti v Winter (2009)
Court held, seller is entitle to forfeit deposit if only
he could prove that the actual damage, and can only
claim the amount not exceeding the damages.
▫ Tang v Zhang (2013)
However, court delivered new solution in this case.
It was held that seller need not to prove damages in
order to forfeit the deposit even though the cases
mentioned that forfeiture of deposit is “on account of
damages”. This decision now is binding.
10. Quantum of Damage
• However party needs to prove to the court the actual
extent of the damage in order for the claim to be
successful.
• How to measure the damage?
▫ Expectation measure
If the breach is made by the defendant, the court will
award sum to the affected person that would put him
back to his economic position if the promise was done
▫ Reliance promise
If impossible to award in previous way, Court will grant
money compensation to restore his position in the
economic is such promise was done
11. Cases
• Murphy v Stone Walwork
▫ Judge must do their best to reach the right figure
on a reasonable balance of the probabilities
avoiding undue optimism and undue pessimism
• Ratcliffe v Evans
▫ court suggest to use mathematical formulae to
assess or measure the damage
13. Whether a seller can “forfeit” an
unpaid deposit?
• Case of Morello Sdn Bhd v Jaques (International) Sdn
Bhd
• Answer was yes
• Problem laid in the part where there were no provisions
that spoke about forfeiting initial payment in any event
of breach from the appellants. The respondent then
ended the agreement between them and proceeded to
take action against the other. The held was the initial
payment which was stated to be a deposit was indeed a
true one.
• he respondent of the case was entitled to retrieve the
unpaid deposit even though it was not stated in the
contract any provision for forfeiture of deposit.
14. Whether a seller who terminates the
agreement due to the buyer’s fault of
breaching the contract is entitled to
recover the deposit that’s not paid?
• Answer to that was no, the unpaid deposit it not
recoverable
15. Indeed allowed!
• Whether a vendor is allowed to get unpaid
deposit even though no provisions are stated
about it in the contract.
16. Whether the deposit is regarded as such even
when the words aren’t clearly stipulated?
• Words were used instead of “deposit” would it still
be considered to be a deposit in its true meaning?
• Case of Constrajaya Sdn bhd v Johor Coastal
Development Sdn Bhd was referred to
• Court held that in the absence of the word,” deposit”
and by replacing it with “installments” it clearly
states the fact that the payment was merely part
payment towards the purchase price and as such
can’t be forfeited.
17. Equitable relief of which whether
courts are allowed to grant them
• Solution can be found by referring to case if
Stockloser v Johnson.
• Courts are said to have jurisdiction to grant
relief against forfeiture of deposit however two
conditions have to be fulfilled.
• Forfeiture clause is penal in nature, that is, the
sum of money forfeited is disproportionate to
loss suffered and also it is unconscionable for
the vendor to retain the money.
19. • Forfeiture, under the terms of a contract,
speaks of the condition by the defaulting party
to surrender their possession of an asset, or
their cash flows from that particular asset, as a
reimbursement for the subsequent losses of
the other party.
• In my opinion, the procedure of forfeiture
every so often comprises of legal proceedings
in a court of law
21. 1. During the act of forfeiting, is the seller
allowed to forfeit and unpaid deposit?
▫ Morello Sdn Bhd v Jaques (International) Sdn
Bhd
▫ Seller is allowed to forfeit and unpaid deposit
2. Who is entitled to the deposit in real estate
contracts, where when it fails to complete,
queries can rise in relation to whom has the
entitlement towards the initial deposit?
▫ Tang v. Zang, 2013 BCCA 52
▫ A deposit is said to be forfeited by a buyer who
refuses to accept the contract and who is not
reliant on on proof of damages
22. 3. Does the courts have the equitable jurisdiction
to grant relief against forfeiture ?
▫ Stockloser v Johnson [1954] 1 All ER 630
▫ Courts do have an equitable jurisdiction to
grant relief in contradiction of the forfeiture of
money
23. Conclusion
• There is no specific provision provided in the act
on the forfeiture of deposit.
• The court shall imply the said terms of it.
• Acts as a safeguard of seller in case the buyer
forfeits the purchase or the contract.