Section 11 Contract Act 1950 Cases

(d) A owes B a sum of money from a contract the amount of which has not been determined. A, without determining the amount, indicates B, and B accepts the sum of RM2,000 for satisfaction. This is debt relief for the entire debt, regardless of its amount. (b) A, B and C are guarantees for D in the amount of RM1,000 granted to E and there is a contract between A, B and C under which A must be borne up to one quarter, B by a quarter and C by an amount of half. E is in default of payment. Between the guarantees, A is required to pay RM250, B RM250 and C RM500. d) A contract to sing for B at a concert of RM1,000 paid in advance. A is too sick to sing. A is not obliged to compensate B for the loss of profit that B would have made if A had been able to sing, but must reimburse B for the RM1,000 paid in advance. 156. Unless otherwise stated in the last section above, the Client may revoke the power of attorney granted to his representative at any time prior to the exercise of power in order to bind the Client. 2.

A Party whose consent has been caused by fraud or misrepresentation may, if it deems it appropriate, insist that the contract be performed and placed in the situation it would have been in if the statements made had been true. Exception – If this consent was caused by a false statement or silence, fraudulent within the meaning of Article 17, the Contract will nevertheless not be voidable if the party whose consent was so caused had the means to establish the truth with ordinary care. 94. The guarantor is entitled to any security that the creditor holds against the principal debtor at the time of the conclusion of the contract of guarantee, whether or not the guarantor is aware of the existence of such security; and if the creditor or, without the consent of the guarantor, loses parts of the security, the guarantor is released up to the value of the security. (b) If the event becomes impossible, such contracts shall become null and void. When contracts that depend on a certain event occurring within a certain period, the compensation for breach of contract becomes null and void, if the penalty provided for (c) A, which is owed to B, the lender of his village, contracts a new loan on terms that seem unscrupulous. It is for B to prove that the contract was not concluded by undue influence. Effect of non-performance at a certain time, in the case of a contract where time is of the essence 47. If, according to the contract, a promisor must fulfill his promise without the promisor`s request and no time limit is specified for execution, the mandate must be executed within a reasonable time. (b) Nothing in this paragraph shall affect section 111 of the Evidence Act 1950 [Act 56]. A, on board an English ship on the high seas, causes B to enter into an agreement by an act that amounts to criminal intimidation under the Criminal Code. A then sues B for breach of contract with Taiping.

A used coercion even though his act is not a criminal offence under English law and even though section 506 of the Criminal Code was not in force at the time or place where the act was committed. 74. (1) Compensation for loss or damage caused by breach of contract (2) Compensation for failure to perform obligations similar to those under the contract (c) A owes B RM 1,000 under a contract. B owes RM1,000 to C. B orders A to credit RM1,000 in his books, but C does not accept the agreement. B still owes RM1,000 to C and no new contract has been signed. 58. When people promise each other, first, to do certain things that are legal and, second, in certain circumstances, to do certain other things that are illegal, the first group of promises is a contract, but the second is a void agreement. 43. If two or more persons have made a joint promise, unless otherwise specified in the contract, all such persons shall be the representatives of all together during their life together and after the death of one of them his representative with the survivor or survivors and after the death of the last survivor, the promise must be kept. .

Facebook
Twitter
Pinterest
Instagram