used the tenant’s name to enter the competition. Later‚ the tenant refused to share the prize. Held: The tenant must share the prize with grandmother and grandchild since they had equally contributed from the beginning of the competition. * KESARMAL s/o LETCHMAN DAS v VALIAPPA CHETTIAR (Law Of Contract: Free consent‚ Voidable and Void Contracts m/s 22) Facts: The transfer of property issued in the presence of two Japanese officer during the Japanese occupation of Malaysia. Held: The transfer
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agreement’. This means that the definition of Coercion under section 15 applies solely to the consideration whether there has been free consent to an agreement so as to render it a contract under section 10 of the Contracts Act 1950. Similar to this‚ in Kesarmal s/o Letchman Das v Valliapa Chettiar it was held that a transfer executed under the orders of the Sultan‚ issued in the ominous presence of two Japanese Officers during Japanese Occupation of Malaya‚ was invalid. The court held that consent was not
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CERTAINTY OF CONTRACT There are two aspects to the issue of uncertainty. (1) The language used may be too vogue in which case‚ the court is likely to hold that there is no concluded agreement ‚ the contract is void for uncertainty. (2) Failure to reach agreement on a vital or fundamental term of an agreement. SECTION 30 1. Agreements‚ the meaning of which is not uncertain‚ or capable of being made certain‚ are void. * If A agrees to sell to B ‘a hundred tons of oil’ ‚ there
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VOIDABLE CONTRACTS * COERCION * UNDUE INFLUENCE * FRAUD * MISREPRESENTATION * MISTAKE PREPARED BY: TEH GUAN HONG GM04795 NUR SYAHIRAH BINTI HUSAINI GM04674 SAMEENA BINTI SIRAJ GM04558 ASHTON GM04801 NALINI BALAKRISHNAN GM04634 COERCION Coercion‚ as an element of duress‚ is grounds for seeking the cancellation of a contract or deed. When one party to an instrument is forced against his or her will to agree to its terms the document can be declared void by a court. In
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CONSIDERATION Definition Section 2 (d) When‚ at the desire of the promisor‚ the promisee or any other person has done or abstained from doing‚ or does or abstains from doing‚ or promises to do or to abstain from doing‚ something‚ such act or abstinence or promise is called a consideration for the promise; In short‚ consideration means that a promisee must give something in return for the promise. It may consist of a conduct‚ or a price to be paid in return for the promise made by‚ or the conduct
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ACKNOWLEDGEMENTS First of all‚ I would like to say thank you express to all the lecturers for the course of Master of Science (Construction Contract Management)‚ especially my supervisor – Encik Norazam Othman‚ for their guidance during the writing of this master project. Without their supervision and advice‚ this project could not be completed on time. Secondly‚ I would like to express my gratitude to my dearest parents and brother for their support and advice during these few months. Not
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