decision of the said judge will be legally wrong and it may be reversed on appeal or overruled in a later case. Below is how The Doctrine operates in Malaysia. The court system in Malaysia‚ was last restructured by the Constitution (Amendment) Act 1994. The present court structure‚ which has been in force since then‚ is as follows : * The Federal Court stands at the apex of the Malaysian court system. It is headed by the Chief Justice. * Below the Federal Court is the Court of Appeal
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TUNKU ABDUL RAHMAN COLLEGE SCHOOL OF TECHNOLOGY DIPLOMA IN TECHNOLOGY (QUANTITY SURVEYING) YEAR 2 ACADEMIC YEAR 2012/2013 ATGB3663 BUILDING ACTS AND CONTRACTS PROGRAMME : DQS2 GROUP : A LECTURER/ TUTOR : MR IVAN KWAY EU WAN Team Member | Student ID | Alaster Ang Han Wun | 11wtd01029 | Chan Siang Leen | 11wtd04062 | Chan Sze Haw | 11wtd05409 | Chan Yew Jia | 11wtd01905 | Chong Hong Seng | 11wtd05935 | Table of Contents A) Clause 39 (1)‚ (3)‚ (4) 3 B)
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Section 4 Contracts Act 1950 – COMMUNICATION WHEN COMPLETE 4 (1) The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made ( ie the acceptor (emphasis added)). 4(2) The communication of an acceptance is complete:- (a) As against the proposer‚ when it is put in a course of transmission to him‚ so as to be out of the power of the acceptor; and(Case Ignatius v Bell and also Byrne v Van Tienhoven) (b) As against the acceptor‚ when it comes
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Principles of Contract The law of contracts touches equally upon the lives of ordinary persons and the activities of small and big business. This branch of law deals with law relating to promises‚ their formation‚ performance and enforceability. It is scattered over several legislations. There are special legislations dealing with particular contractual relationships‚ e.g. The Sale of Goods Act‚ 1930‚ The Partnership Act‚ 1932. This paper will include a study of general principles of contracts spelt out
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Question 2 Jenny was promised by his father a pay of RM4‚000/- monthly if she comes back from USA and worked for him. Depsite getting a good job offer‚ Jenny came back immediately after graduation. It has been six months since she started working but she had received no pay. He father claims that the company is now in financial difficulties and his promise to Jenny is not binding. Advise Jenny as to whether she has any cause of action against her father. This case pertains whether a clear
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consider the law of the contracts‚ especially about offer and acceptance. We will analyze the situation to see what laws are applicable and advise Neil. In this case‚ we have three different people: Firstly an offeror‚ a person who makes an offer (in this case‚ Neil) and two offerees‚ the person to whom an offer is made (in this case‚ Theresa and Alex). Neil placed an advert in the “Cats Weekly” magazine‚ which offer a rare female utopian cat for sale £500 or nearest offer. This is an invitation
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A] Indian Contract Act‚ 1872 The Contract Act serves as a Mother Act. The Contract Act has a direct link with most other Acts. Whenever two or more people want to establish a relation between/amongst them‚ there is a need for a contract: Sale of Goods Act (buyer-seller relation)‚ Partnership Act (principal-agent relation)‚ Negotiable Instruments Act (debtor-creditor relation) and so on. Key takeaways: • A contract is any promise or set of promises that are made by one person to another in return
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Chapter 2 : The Indian Contract Act 1872 Definition Sir Frederic Pollock - “Every agreement and promise enforceable at law” According to Sec 2(h) “An agreement enforceable by law Agreement – Every promises and set of promises forming consideration for each other. Essential Elements of Valid Contract Minimum Two Parties – one party has to make an offer and other must accept it. Offer & Acceptance – There must be an offer and acceptance to the offer‚ resulting into an agreement. It should
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no excuse. Introduction to Indian Contract Act Definition of a Contract :- Sec. 2(h) of the Act defines the term contract as "An agreement enforceable by law is a contract”. Flow of the definition :- Contract Agreement Promise Accepted proposal Proposal/offer Contract as defined by Eminent Justists :- 1. “Every agreement and promise enforceable at law is a contract.” – Pollock 2. “A Contract is an agreement between two or more persons
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Indian Contract Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law‚ as subsequently amended. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. The
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