PRINCIPLE OF LAW OF CONTRACT

  • FORMATION OF CONTRACT

  1. OFFER

  • definition and forms of offers

  • offer - contract act 1950 section 2(a)

    • a person signifies to another , the willingness to do something with the view to obtain assets - said to make an offer/proposal

  • terms used to bind the offer - expressly/impliedly

  • counteroffer - make new offer (usually happened at bazar, bazar raya) [nego kasi kurang]

    • counteroffer terminate original offer if both parties agreed

  • offer can be made to everyone/anyone - individual/class of persons/ public of large

  • type of offer - specific offer/ general offer

    • specific offer - made for specific person (acceptance to that specific person) [section 2(b) CA]

    • general offer - made for the public (Carlill v Carbolic Smoke Ball Co)

  • type of contract - bilateral contract / unilateral contract

    • bilateral contract - both parties can be recognize

    • unilateral contract - only recognize one party (advertisement made to public but the party accepted the offer only for one person - iklan anjing hilang, sape yang jumpa dapat reward)

  • the form of proposal - person make offer in any form (orally/ writing/ by conduct/ by combination of any)

  1. ACCEPTANCE

  2. CONSIDERATION

  3. INTENTION

  4. CONSIDERATION

  • TERMS OF CONTRACT

  1. EXPRESS TERMS

  2. IMPLIED TERMS

  3. EXCLUSION CLAUSES

  • VOIDABLE CONTRACTS

  1. MEANING

  2. FREE CONSENT

  3. COERCION

  4. UNDUE INFLUENCE

  5. FRAUD

  6. MISREPRESENTATION

  7. EFFECT AND RELIEF

  • VOID AGREEMENT

  1. MISTAKE

  2. UNLAWFUL CONSIDERATION

  3. EFFECT AND RELIEF

  4. RESTRAINT OF TRADE

  • DISCHARGE OF CONTRACT

  1. BY FRUSTRATION

  2. PERFORMANCE

  3. BREACH

  • REMEDIES FOR BREACH OF CONTRACT

  1. RECISSION

  2. DAMAGES

  3. SPECIFIC PERFORMANCE

  4. INJUNCTIONS