contract law2
Question:
Nur Aini, a highly stressed-rich widow, was enticed into joint a group as a Way of Life (PAWOL) by Alias,the leader of the group. Alias promised Nur Aini that by transferring, all her wealth to him, he would ensure that she is cleansed of all evil and would not be burden with any worldly problems. Believing his words, Nur Aini transferred all her wealth to Alias and stayed together other followers.
Two years after joining the group, Nur Aini realized that she had been tricked into parting with her wealth and living like pauper. She intends to get all her property back from Alias .
Advise Nur Aini.
Answer :
Issue
1. Whether Nur Aini consent to an agreement caused by undue influence?
Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are the wrongdoer was in a dominant position in his relationship with the complainant, the wrongdoer used that dominant position to obtain the transaction and the transaction was unfair to the complainant. Applying this in the present case we can see here that Alias had a dominant position in his relationship with the complainant Nur Aini it is because Alias was the leader of the Way Of Life (PAWOL). As a leader he has power and he used the position to make a promised that he would ensure that she is safe from any evil and would not be burden with any worldly problems on behalf Nur Aini need to transferred all her wealth to Alias. With regard to all benefits that promised Nur Aini without knowing anything transferred all her wealth to Alias. In the case of Tengku Abdullah ibni Sultan Abu Bakar v Mohd Latiff Bin Shah Mohd, the appellants were the promoters of the
Nur Aini, a highly stressed-rich widow, was enticed into joint a group as a Way of Life (PAWOL) by Alias,the leader of the group. Alias promised Nur Aini that by transferring, all her wealth to him, he would ensure that she is cleansed of all evil and would not be burden with any worldly problems. Believing his words, Nur Aini transferred all her wealth to Alias and stayed together other followers.
Two years after joining the group, Nur Aini realized that she had been tricked into parting with her wealth and living like pauper. She intends to get all her property back from Alias .
Advise Nur Aini.
Answer :
Issue
1. Whether Nur Aini consent to an agreement caused by undue influence?
Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are the wrongdoer was in a dominant position in his relationship with the complainant, the wrongdoer used that dominant position to obtain the transaction and the transaction was unfair to the complainant. Applying this in the present case we can see here that Alias had a dominant position in his relationship with the complainant Nur Aini it is because Alias was the leader of the Way Of Life (PAWOL). As a leader he has power and he used the position to make a promised that he would ensure that she is safe from any evil and would not be burden with any worldly problems on behalf Nur Aini need to transferred all her wealth to Alias. With regard to all benefits that promised Nur Aini without knowing anything transferred all her wealth to Alias. In the case of Tengku Abdullah ibni Sultan Abu Bakar v Mohd Latiff Bin Shah Mohd, the appellants were the promoters of the