Podcast
Questions and Answers
Which type of contract is an exception to the void ab initio status for minors?
Which type of contract is an exception to the void ab initio status for minors?
What must a person be to enter into a valid contract under the Contracts Act 1950?
What must a person be to enter into a valid contract under the Contracts Act 1950?
Under which section can a person who is usually unsound of mind make a contract?
Under which section can a person who is usually unsound of mind make a contract?
What is the legal status of an agreement made by a person under the age of majority?
What is the legal status of an agreement made by a person under the age of majority?
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Which type of contract is NOT typically valid for a minor under the exceptions listed?
Which type of contract is NOT typically valid for a minor under the exceptions listed?
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What is the legal status of a contract entered into by a person who is not of the age of majority?
What is the legal status of a contract entered into by a person who is not of the age of majority?
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Which of the following types of contracts is NOT void if entered into by a minor?
Which of the following types of contracts is NOT void if entered into by a minor?
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In the case of wilful breach of a contract of service, what is the consequence for termination?
In the case of wilful breach of a contract of service, what is the consequence for termination?
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Which section of the Indian Contracts Act is considered in pari materia with the Contracts Act regarding void agreements?
Which section of the Indian Contracts Act is considered in pari materia with the Contracts Act regarding void agreements?
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What must a person do if they received an advantage from a void contract?
What must a person do if they received an advantage from a void contract?
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What is the court’s discretion regarding minors and void contracts?
What is the court’s discretion regarding minors and void contracts?
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Which act dictates regulations for employment of children and young persons?
Which act dictates regulations for employment of children and young persons?
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What can be claimed by a minor despite their contract being void ab initio?
What can be claimed by a minor despite their contract being void ab initio?
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What age defines a 'child' under the Children and Young Persons Employment Act 1966?
What age defines a 'child' under the Children and Young Persons Employment Act 1966?
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Which statement best describes the implication of the Contracts (Amendment) Act 1976 regarding scholarship agreements?
Which statement best describes the implication of the Contracts (Amendment) Act 1976 regarding scholarship agreements?
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What is the maximum age for a 'young person' as defined in the Children and Young Persons Employment Act 1966?
What is the maximum age for a 'young person' as defined in the Children and Young Persons Employment Act 1966?
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Which option is NOT allowed for female young persons under the employment regulations?
Which option is NOT allowed for female young persons under the employment regulations?
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What can a child or young person do under the Contracts Act 1950 regarding contracts of service?
What can a child or young person do under the Contracts Act 1950 regarding contracts of service?
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Which type of work is permissible for children under the Children and Young Persons Employment Act 1966?
Which type of work is permissible for children under the Children and Young Persons Employment Act 1966?
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According to the Contracts (Amendment) Act 1976, which of the following statements is true?
According to the Contracts (Amendment) Act 1976, which of the following statements is true?
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What must be done for a female young person to work in a club not managed by her guardian?
What must be done for a female young person to work in a club not managed by her guardian?
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Which of the following scenarios is a misconception about scholarship agreements for minors?
Which of the following scenarios is a misconception about scholarship agreements for minors?
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What is a restriction placed on young persons regarding work in hospitality establishments?
What is a restriction placed on young persons regarding work in hospitality establishments?
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What condition must be met for a person usually considered unsound of mind to enter into a valid contract?
What condition must be met for a person usually considered unsound of mind to enter into a valid contract?
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Which of the following statements regarding the age of majority in contracts is correct?
Which of the following statements regarding the age of majority in contracts is correct?
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What is the status of a betrothal ceremony in relation to the Contracts Act 1950?
What is the status of a betrothal ceremony in relation to the Contracts Act 1950?
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Which of the following best defines the term 'void ab initio' in the context of the Contracts Act 1950?
Which of the following best defines the term 'void ab initio' in the context of the Contracts Act 1950?
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Which of the following conditions renders a marriage contract void according to the Contracts Act 1950?
Which of the following conditions renders a marriage contract void according to the Contracts Act 1950?
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What is the legal outcome for a contract entered into by a minor according to the Privy Council ruling?
What is the legal outcome for a contract entered into by a minor according to the Privy Council ruling?
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Under what circumstance can a person incompetent to contract still receive necessary supplies?
Under what circumstance can a person incompetent to contract still receive necessary supplies?
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What is required for contracting parties according to the Indian Contracts Act?
What is required for contracting parties according to the Indian Contracts Act?
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What remedy did the court order in the case of the minor in possession of lands?
What remedy did the court order in the case of the minor in possession of lands?
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What does the term 'void ab initio' imply when applied to contracts made by minors?
What does the term 'void ab initio' imply when applied to contracts made by minors?
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What is required for either party to terminate a contract of service without notice?
What is required for either party to terminate a contract of service without notice?
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In the event of a void contract, what must a party who received an advantage do?
In the event of a void contract, what must a party who received an advantage do?
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Which situation allows a minor to claim remedies despite their contract being void ab initio?
Which situation allows a minor to claim remedies despite their contract being void ab initio?
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What does 'void ab initio' imply regarding a contract entered into by a minor?
What does 'void ab initio' imply regarding a contract entered into by a minor?
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What is the role of the court when adjudging the cancellation of a contract?
What is the role of the court when adjudging the cancellation of a contract?
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What does the term 'fiduciary relationship' imply in the context of contract law?
What does the term 'fiduciary relationship' imply in the context of contract law?
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What can a party to a contract of service with wilful breach do in response to termination?
What can a party to a contract of service with wilful breach do in response to termination?
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What legal action can a court take regarding a minor who has entered into a void contract?
What legal action can a court take regarding a minor who has entered into a void contract?
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What must be considered when determining if something qualifies as 'necessaries' for a minor?
What must be considered when determining if something qualifies as 'necessaries' for a minor?
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In which case was the necessity of burial expenses for a minor established?
In which case was the necessity of burial expenses for a minor established?
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What does the term 'necessaries' depend on according to the discussed legal concepts?
What does the term 'necessaries' depend on according to the discussed legal concepts?
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What doctrine prevents a minor from denying the validity of a contract if they lied about their age?
What doctrine prevents a minor from denying the validity of a contract if they lied about their age?
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How does the condition of the minor influence the nature of necessaries provided?
How does the condition of the minor influence the nature of necessaries provided?
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What aspect is irrelevant when assessing what consists of 'necessaries' for a minor?
What aspect is irrelevant when assessing what consists of 'necessaries' for a minor?
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Which of the following statements is true regarding the provisions for minors in contractual agreements?
Which of the following statements is true regarding the provisions for minors in contractual agreements?
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What is a potential legal outcome if a minor enters into a contract by lying about their age?
What is a potential legal outcome if a minor enters into a contract by lying about their age?
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Which statement accurately reflects the consequences for a minor entering into a scholarship agreement according to the amendment?
Which statement accurately reflects the consequences for a minor entering into a scholarship agreement according to the amendment?
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What primary limitation applies to the employment of young females in hospitality settings under the current law?
What primary limitation applies to the employment of young females in hospitality settings under the current law?
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Under the Children and Young Persons Employment Act 1966, what constitutes a 'child'?
Under the Children and Young Persons Employment Act 1966, what constitutes a 'child'?
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What does Section 13 of the Contracts Act 1950 state regarding children and young persons entering contracts of service?
What does Section 13 of the Contracts Act 1950 state regarding children and young persons entering contracts of service?
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Which of the following statements about work permissible for children is NOT accurate?
Which of the following statements about work permissible for children is NOT accurate?
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Which type of employment is prohibited for female young persons as per the legal provisions?
Which type of employment is prohibited for female young persons as per the legal provisions?
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What right does a child or young person have regarding a breach of a contract of service?
What right does a child or young person have regarding a breach of a contract of service?
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Which of the following activities would NOT typically qualify as 'light work' for children under the law?
Which of the following activities would NOT typically qualify as 'light work' for children under the law?
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What is a key aspect of the Contracts (Amendment) Act 1976 regarding scholarship agreements?
What is a key aspect of the Contracts (Amendment) Act 1976 regarding scholarship agreements?
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What type of work may a child NOT engage in under any circumstances according to the Children and Young Persons Employment Act?
What type of work may a child NOT engage in under any circumstances according to the Children and Young Persons Employment Act?
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What is the significance of having definite and certain terms in a contract?
What is the significance of having definite and certain terms in a contract?
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What does Section 38(1) of the Contracts Act 1950 state about contract performance?
What does Section 38(1) of the Contracts Act 1950 state about contract performance?
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What characterizes a valid acceptance of an offer in contract law?
What characterizes a valid acceptance of an offer in contract law?
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What is a counter-offer in the context of contract law?
What is a counter-offer in the context of contract law?
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What must be evident to establish an enforceable contract?
What must be evident to establish an enforceable contract?
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What is generally true about the nature of offers in contract law?
What is generally true about the nature of offers in contract law?
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In the context of contract law, what role does equity play in enforcing contracts?
In the context of contract law, what role does equity play in enforcing contracts?
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Why is it essential for contract parties to be clear about the terms of performance?
Why is it essential for contract parties to be clear about the terms of performance?
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What is the role of Wang in the scenario described?
What is the role of Wang in the scenario described?
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According to the Contract Act 1950, what is the definition of an 'agent'?
According to the Contract Act 1950, what is the definition of an 'agent'?
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What is a requirement for Wang's actions representing Ngan?
What is a requirement for Wang's actions representing Ngan?
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What is Ngan's obligation to Wang in their agency agreement?
What is Ngan's obligation to Wang in their agency agreement?
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What does the term 'principal' refer to in this context?
What does the term 'principal' refer to in this context?
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In the case of Pernas Trading Sdn Bhd v Persatuan Peladang Bakti Melaka, what was contested?
In the case of Pernas Trading Sdn Bhd v Persatuan Peladang Bakti Melaka, what was contested?
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What aspect of legal contracts does the intention to create legal relations pertain to?
What aspect of legal contracts does the intention to create legal relations pertain to?
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What is implied about freedom of speech in the context provided?
What is implied about freedom of speech in the context provided?
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What happens to the original offer if an offeree makes a conditional acceptance?
What happens to the original offer if an offeree makes a conditional acceptance?
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Under what condition is consideration considered valid in a contract?
Under what condition is consideration considered valid in a contract?
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What is the legal effect if a contract has a party who lacks capacity to contract?
What is the legal effect if a contract has a party who lacks capacity to contract?
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What must exist for a contract to be deemed valid according to the Contracts Act?
What must exist for a contract to be deemed valid according to the Contracts Act?
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Which of the following scenarios illustrates undue influence in contract law?
Which of the following scenarios illustrates undue influence in contract law?
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What is a potential outcome if one party misrepresents facts during a contract negotiation?
What is a potential outcome if one party misrepresents facts during a contract negotiation?
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What is necessary for consideration to be deemed sufficient?
What is necessary for consideration to be deemed sufficient?
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Which of the following describes the significance of the age of majority in contracting?
Which of the following describes the significance of the age of majority in contracting?
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What is the key criterion for consent to be considered 'free' in contract law?
What is the key criterion for consent to be considered 'free' in contract law?
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What is implied by the concept of capacity regarding contracts?
What is implied by the concept of capacity regarding contracts?
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Under what circumstance can a contract be void due to public policy?
Under what circumstance can a contract be void due to public policy?
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What must be evident regarding the terms of a contract for it to be enforceable?
What must be evident regarding the terms of a contract for it to be enforceable?
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What is the implication of a 'meeting of the minds' in contract formation?
What is the implication of a 'meeting of the minds' in contract formation?
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What aspect must not be involved for an agreement to be legally binding?
What aspect must not be involved for an agreement to be legally binding?
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Under which circumstances is specific performance typically ordered?
Under which circumstances is specific performance typically ordered?
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What is an injunction classified as under the Specific Relief Act 1950?
What is an injunction classified as under the Specific Relief Act 1950?
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Which of the following types of damages can a claimant typically recover for breach of contract?
Which of the following types of damages can a claimant typically recover for breach of contract?
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What defense might Ngan present to dispute Wang's claim?
What defense might Ngan present to dispute Wang's claim?
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Which section of the Contract Act 1950 pertains to agreements that are void due to immorality or public policy?
Which section of the Contract Act 1950 pertains to agreements that are void due to immorality or public policy?
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What type of damages can be classified as 'special damages'?
What type of damages can be classified as 'special damages'?
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In what situation is a contract considered void under the Contract Act 1950?
In what situation is a contract considered void under the Contract Act 1950?
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What must a party prove to establish a claim for 'quantum meruit'?
What must a party prove to establish a claim for 'quantum meruit'?
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Which of the following conditions does not invalidate a contract under the law?
Which of the following conditions does not invalidate a contract under the law?
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What is the maximum claim Wang can recover from Ngan according to their agreement?
What is the maximum claim Wang can recover from Ngan according to their agreement?
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When will an injunction not be granted?
When will an injunction not be granted?
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What kind of performance does specific performance generally pertain to?
What kind of performance does specific performance generally pertain to?
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What does Section 40 of the Contract Act 1950 highlight regarding non-performance?
What does Section 40 of the Contract Act 1950 highlight regarding non-performance?
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What must Ngan prove regarding Wang's performance under their contract agreement?
What must Ngan prove regarding Wang's performance under their contract agreement?
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Under the Partnership Act 1961, how are losses treated among partners?
Under the Partnership Act 1961, how are losses treated among partners?
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If a contract becomes impossible to execute, what does the Contract Act 1950 state?
If a contract becomes impossible to execute, what does the Contract Act 1950 state?
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What rights do partners have regarding management of the partnership business under the Partnership Act?
What rights do partners have regarding management of the partnership business under the Partnership Act?
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Which statement is correct regarding remuneration for partners under the Partnership Act 1961?
Which statement is correct regarding remuneration for partners under the Partnership Act 1961?
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In the event of corruption involving one partner, what is the potential liability of the partnership?
In the event of corruption involving one partner, what is the potential liability of the partnership?
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What is required for a partner to introduce a new partner into the business?
What is required for a partner to introduce a new partner into the business?
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What happens if a partner incurs liability without the consent of other partners?
What happens if a partner incurs liability without the consent of other partners?
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Which of the following is true regarding the performance of Wang under the contract?
Which of the following is true regarding the performance of Wang under the contract?
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According to the content, what ensures the partnership relationship is governed under the law?
According to the content, what ensures the partnership relationship is governed under the law?
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What does Section 26(b) of the Partnership Act 1961 provide regarding payments made by partners?
What does Section 26(b) of the Partnership Act 1961 provide regarding payments made by partners?
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What is one limitation regarding competition for partners under the content's principles?
What is one limitation regarding competition for partners under the content's principles?
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Which clause might Ngan use to defend her position in the contract dispute?
Which clause might Ngan use to defend her position in the contract dispute?
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In the case of a project approval gained through corruption, what can both partners be held responsible for?
In the case of a project approval gained through corruption, what can both partners be held responsible for?
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What is a necessary condition for the validity of a contract according to the information provided?
What is a necessary condition for the validity of a contract according to the information provided?
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Which remedy is considered the basic remedy available for a breach of contract?
Which remedy is considered the basic remedy available for a breach of contract?
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What happens if a party fails to perform a contractual obligation when time is specified as essential?
What happens if a party fails to perform a contractual obligation when time is specified as essential?
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Under which legal principle can Wang seek compensation for losses incurred due to Ngan's breach?
Under which legal principle can Wang seek compensation for losses incurred due to Ngan's breach?
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Which type of loss allows an innocent party to claim substantial damages?
Which type of loss allows an innocent party to claim substantial damages?
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What does rescission allow a promisee to do in case of non-performance?
What does rescission allow a promisee to do in case of non-performance?
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What remedy may be granted if damages are not adequate for a breach of contract?
What remedy may be granted if damages are not adequate for a breach of contract?
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Which of the following legal provisions regulates when time is essential in a contract?
Which of the following legal provisions regulates when time is essential in a contract?
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In the event of a non-performance of a contract, what happens if the promisee accepts late performance?
In the event of a non-performance of a contract, what happens if the promisee accepts late performance?
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Which statement best summarizes the purpose of damages in breach of contract cases?
Which statement best summarizes the purpose of damages in breach of contract cases?
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Which of the following terms describes the nature of damages when there’s no actual loss suffered?
Which of the following terms describes the nature of damages when there’s no actual loss suffered?
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Which equitable remedy requires a party to fulfill their contractual obligations?
Which equitable remedy requires a party to fulfill their contractual obligations?
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What legal mechanism can a court use to prevent a party from acting contrary to a contract?
What legal mechanism can a court use to prevent a party from acting contrary to a contract?
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What is one consequence of a condition precedent not being fulfilled in a contract?
What is one consequence of a condition precedent not being fulfilled in a contract?
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Which clause in a contract governs the importance of timing in contractual obligations?
Which clause in a contract governs the importance of timing in contractual obligations?
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What is the primary legal argument used by the first defendant to claim the contract is void?
What is the primary legal argument used by the first defendant to claim the contract is void?
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In the case of breach of contract, which reason was provided by the defendants to argue against the total amount claimed?
In the case of breach of contract, which reason was provided by the defendants to argue against the total amount claimed?
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What alternative claim did the Government include in the statement of claim during the hearing?
What alternative claim did the Government include in the statement of claim during the hearing?
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What was the total amount allegedly spent by the Government on the first defendant's education?
What was the total amount allegedly spent by the Government on the first defendant's education?
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Which aspect of the infant's contract does the concept of necessaries relate to?
Which aspect of the infant's contract does the concept of necessaries relate to?
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What is described as a genuine and reasonable estimate of the damages suffered following a breach?
What is described as a genuine and reasonable estimate of the damages suffered following a breach?
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Which principle supports the argument that a penalty clause must be regarded as such if the amount remains the same regardless of when the breach occurs?
Which principle supports the argument that a penalty clause must be regarded as such if the amount remains the same regardless of when the breach occurs?
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What was the outcome of the Thelma Fernandez case upon appeal to the Federal Court?
What was the outcome of the Thelma Fernandez case upon appeal to the Federal Court?
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How is the amount due calculated in the scenario discussed?
How is the amount due calculated in the scenario discussed?
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What does the fraction $14/60$ represent in the context of the judgment amount due?
What does the fraction $14/60$ represent in the context of the judgment amount due?
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What conclusion was drawn regarding each party's responsibility for costs in this case?
What conclusion was drawn regarding each party's responsibility for costs in this case?
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Which case did the federal counsel rely on to argue the nature of the repayment provision?
Which case did the federal counsel rely on to argue the nature of the repayment provision?
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What is a key factor in determining the proportion payable when assessing financial claims?
What is a key factor in determining the proportion payable when assessing financial claims?
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What is considered a requirement for a student to become a teacher?
What is considered a requirement for a student to become a teacher?
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What has changed over time regarding the necessity of education?
What has changed over time regarding the necessity of education?
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What is the significance of the maxim 'Cessante ratione legis, cessat lex ipsa' in this context?
What is the significance of the maxim 'Cessante ratione legis, cessat lex ipsa' in this context?
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Under what conditions can education be considered a necessary for an infant?
Under what conditions can education be considered a necessary for an infant?
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Who holds liability for the repayment of education expenses incurred by an infant once they reach adulthood?
Who holds liability for the repayment of education expenses incurred by an infant once they reach adulthood?
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How does the current legal view differ from past views on the nature of education in contracting?
How does the current legal view differ from past views on the nature of education in contracting?
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What is implied by historical cases establishing the definition of 'necessaries'?
What is implied by historical cases establishing the definition of 'necessaries'?
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Which judgment clarified that education is viable as a necessary for an infant?
Which judgment clarified that education is viable as a necessary for an infant?
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What does a sustainable education system rely on in the current competitive job market?
What does a sustainable education system rely on in the current competitive job market?
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Which of the following was a past perspective on the necessity of higher education?
Which of the following was a past perspective on the necessity of higher education?
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What aspect is significant when determining if education can be classified as necessaries?
What aspect is significant when determining if education can be classified as necessaries?
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What should a jury consider when assessing whether a specific type of education is necessary?
What should a jury consider when assessing whether a specific type of education is necessary?
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What is a significant consequence of recognizing education as a necessary?
What is a significant consequence of recognizing education as a necessary?
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What is the primary distinction between a contract of indemnity and a contract of guarantee?
What is the primary distinction between a contract of indemnity and a contract of guarantee?
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Why is the definition of necessaries different from the standard provided by English Statute Law?
Why is the definition of necessaries different from the standard provided by English Statute Law?
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What was the ruling of the Division Bench regarding the liability of sureties to a minor?
What was the ruling of the Division Bench regarding the liability of sureties to a minor?
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Which legal principle determines the liability of a surety in a guarantee contract?
Which legal principle determines the liability of a surety in a guarantee contract?
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What did the Division Bench conclude about the use of English law in the cases reviewed?
What did the Division Bench conclude about the use of English law in the cases reviewed?
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In which case was it established that a surety could question the liability of the principal debtor?
In which case was it established that a surety could question the liability of the principal debtor?
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What is a key aspect of indemnity contracts compared to guarantee contracts?
What is a key aspect of indemnity contracts compared to guarantee contracts?
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Which principle did the court affirm regarding the surety's liability in the absence of the principal's liability?
Which principle did the court affirm regarding the surety's liability in the absence of the principal's liability?
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What result was reached regarding Kashiba's case in the context of the underlying legal principle?
What result was reached regarding Kashiba's case in the context of the underlying legal principle?
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What does section 128 of the Indian Contract Act state regarding surety liability?
What does section 128 of the Indian Contract Act state regarding surety liability?
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What was the basis for the Division Bench's opinion regarding the judgment of the trial judge?
What was the basis for the Division Bench's opinion regarding the judgment of the trial judge?
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Which principle is applicable to the contracts involving minors and liability?
Which principle is applicable to the contracts involving minors and liability?
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What legal principle was affirmed regarding liability tied to the validity of the principal debtor's obligations?
What legal principle was affirmed regarding liability tied to the validity of the principal debtor's obligations?
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What is indicated by the phrase 'co-extensive' in the context of suretyship?
What is indicated by the phrase 'co-extensive' in the context of suretyship?
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What is the legal status of a contract entered into by a minor, as defined in the content?
What is the legal status of a contract entered into by a minor, as defined in the content?
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How do the liabilities of sureties relate to the principal debtor in this case?
How do the liabilities of sureties relate to the principal debtor in this case?
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What constitutes 'necessaries' in the context of the obligations of an infant?
What constitutes 'necessaries' in the context of the obligations of an infant?
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What is the implication of a penalty clause in the contract for repayment as determined in the content?
What is the implication of a penalty clause in the contract for repayment as determined in the content?
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What was the amount the court ordered to be paid by the defendants to the plaintiff?
What was the amount the court ordered to be paid by the defendants to the plaintiff?
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Which legal principle allows a minor to be obliged to repay for necessaries provided?
Which legal principle allows a minor to be obliged to repay for necessaries provided?
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Which statement about the liability of infants for contracts is correct?
Which statement about the liability of infants for contracts is correct?
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What does section 69 of the ordinance imply about the payment for necessaries to infants?
What does section 69 of the ordinance imply about the payment for necessaries to infants?
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What discretion does the court have under section 41 of the Indian Specific Relief Act when rescinding a contract?
What discretion does the court have under section 41 of the Indian Specific Relief Act when rescinding a contract?
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What was the nature of the agreement breached by the first defendant with the Government of Malaysia?
What was the nature of the agreement breached by the first defendant with the Government of Malaysia?
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In the context of this case, what is the primary reason the claim against the first defendant failed?
In the context of this case, what is the primary reason the claim against the first defendant failed?
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What must be true about the status of parties for a contract to be enforceable under clause 37 of the Specific Relief Ordinance?
What must be true about the status of parties for a contract to be enforceable under clause 37 of the Specific Relief Ordinance?
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What is required for a contract to be considered 'necessary' for an infant?
What is required for a contract to be considered 'necessary' for an infant?
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What generally happens when an infant lies about their age in terms of contractual obligations?
What generally happens when an infant lies about their age in terms of contractual obligations?
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In the case of Esteb v Esteb, what was required from the father concerning the child?
In the case of Esteb v Esteb, what was required from the father concerning the child?
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Which of the following arguments was presented by the defence regarding the training contract?
Which of the following arguments was presented by the defence regarding the training contract?
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What is the general stance of the law regarding contracts made by minors?
What is the general stance of the law regarding contracts made by minors?
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What did Lord Esher imply about the definition of necessaries?
What did Lord Esher imply about the definition of necessaries?
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What limitations were noted regarding the provisions of education for minors?
What limitations were noted regarding the provisions of education for minors?
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According to the discussed legal principles, what aspect significantly influences the classification of necessaries?
According to the discussed legal principles, what aspect significantly influences the classification of necessaries?
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Which case criticized the understanding of necessaries applied to education?
Which case criticized the understanding of necessaries applied to education?
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What conclusion can be drawn regarding the relationship between country needs and infant contracts?
What conclusion can be drawn regarding the relationship between country needs and infant contracts?
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What did the Madras High Court decide regarding necessaries in Srinivasa Pillai v Balasubramani Odayar?
What did the Madras High Court decide regarding necessaries in Srinivasa Pillai v Balasubramani Odayar?
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Which of the following statements is true in regards to the provision of necessaries for minors?
Which of the following statements is true in regards to the provision of necessaries for minors?
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What is a critical factor in determining whether an infant should be provided with necessaries?
What is a critical factor in determining whether an infant should be provided with necessaries?
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What principle regarding the nature of necessaries was highlighted in Nash v. Inman?
What principle regarding the nature of necessaries was highlighted in Nash v. Inman?
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In what manner does the law view the contracts made for the benefit of minors?
In what manner does the law view the contracts made for the benefit of minors?
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What was the purpose of the letters written by the 1st defendant to the 2nd plaintiff?
What was the purpose of the letters written by the 1st defendant to the 2nd plaintiff?
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What was included in the written agreement drawn up by the families?
What was included in the written agreement drawn up by the families?
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Which gift presented by the 2nd plaintiff was deemed unconditional?
Which gift presented by the 2nd plaintiff was deemed unconditional?
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What claim did the first plaintiff make against the three defendants?
What claim did the first plaintiff make against the three defendants?
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What was the role of the female relatives in the marriage proposal process?
What was the role of the female relatives in the marriage proposal process?
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What type of legal claim did the second plaintiff make against the first defendant?
What type of legal claim did the second plaintiff make against the first defendant?
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Which action constituted the customary ratification of a betrothal in this context?
Which action constituted the customary ratification of a betrothal in this context?
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What was the outcome when the 1st defendant repudiated his promise?
What was the outcome when the 1st defendant repudiated his promise?
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What was the reason the application to amend the plaint was withdrawn?
What was the reason the application to amend the plaint was withdrawn?
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What role did the second plaintiff have in his professional capacity at the time of the case?
What role did the second plaintiff have in his professional capacity at the time of the case?
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How did the second defendant find out about the second plaintiff's daughter?
How did the second defendant find out about the second plaintiff's daughter?
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What was the customary practice for negotiating marriages in the Ceylonese Hindu community as described?
What was the customary practice for negotiating marriages in the Ceylonese Hindu community as described?
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What gift did the first plaintiff receive during the marriage discussions?
What gift did the first plaintiff receive during the marriage discussions?
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What was the estimated arrival time of the visiting party at the second plaintiff's house?
What was the estimated arrival time of the visiting party at the second plaintiff's house?
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What was the outcome of the meeting in Taiping on October 13th between the second plaintiff and the second defendant?
What was the outcome of the meeting in Taiping on October 13th between the second plaintiff and the second defendant?
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Who brought a favorable report back to Bukit Mertajam after visiting the first plaintiff?
Who brought a favorable report back to Bukit Mertajam after visiting the first plaintiff?
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What was the profession of the first defendant during the material time of the case?
What was the profession of the first defendant during the material time of the case?
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What was the conflict of evidence about regarding the third defendant's visit?
What was the conflict of evidence about regarding the third defendant's visit?
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What relationship does the first plaintiff have to the second plaintiff?
What relationship does the first plaintiff have to the second plaintiff?
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Which family members accompanied the first defendant to meet the plaintiffs on October 19th?
Which family members accompanied the first defendant to meet the plaintiffs on October 19th?
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What aspect of the evidence presented was noted as unclear or conflicting?
What aspect of the evidence presented was noted as unclear or conflicting?
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What was the timeframe specified for the course of events in this case?
What was the timeframe specified for the course of events in this case?
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What was the dowry amount that the plaintiffs thought the third defendant insisted upon?
What was the dowry amount that the plaintiffs thought the third defendant insisted upon?
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What amount was specified in the written agreement as dowry?
What amount was specified in the written agreement as dowry?
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Why did the first defendant feel put out during Deepavali?
Why did the first defendant feel put out during Deepavali?
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What sentiment did the first defendant express in his letters regarding the engagement?
What sentiment did the first defendant express in his letters regarding the engagement?
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What did the first defendant threaten in his letters if forced to marry the first plaintiff?
What did the first defendant threaten in his letters if forced to marry the first plaintiff?
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What did the first plaintiff suggest about her feelings towards the first defendant?
What did the first plaintiff suggest about her feelings towards the first defendant?
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What was the tone of the first defendant's third letter?
What was the tone of the first defendant's third letter?
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What was the relationship of Gopalnathan to the first plaintiff in the context of the engagement?
What was the relationship of Gopalnathan to the first plaintiff in the context of the engagement?
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How did the first defendant characterize his parents regarding his engagement with the first plaintiff?
How did the first defendant characterize his parents regarding his engagement with the first plaintiff?
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What main theme is conveyed through the first defendant’s letters?
What main theme is conveyed through the first defendant’s letters?
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What was the debated piece of evidence regarding the first plaintiff during the negotiations?
What was the debated piece of evidence regarding the first plaintiff during the negotiations?
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What conclusion did the author reach about the conversation alleged to have taken place after Deepavali?
What conclusion did the author reach about the conversation alleged to have taken place after Deepavali?
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What custom was reflected by the first defendant’s gift to the first plaintiff?
What custom was reflected by the first defendant’s gift to the first plaintiff?
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What underlying issue was suggested by the first defendant regarding the first plaintiff's feelings?
What underlying issue was suggested by the first defendant regarding the first plaintiff's feelings?
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What is the primary issue with enforcing marriage contracts involving minors in India?
What is the primary issue with enforcing marriage contracts involving minors in India?
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What does Taraporewala J. suggest regarding marriages contracted by parents for minor daughters?
What does Taraporewala J. suggest regarding marriages contracted by parents for minor daughters?
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What does the Infants Relief Act of 1874 state regarding contracts made by minors?
What does the Infants Relief Act of 1874 state regarding contracts made by minors?
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What is the court's limitation regarding the enforcement of contracts made by minors?
What is the court's limitation regarding the enforcement of contracts made by minors?
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How are breach of promise cases treated differently in England compared to India?
How are breach of promise cases treated differently in England compared to India?
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What does the term 'voidable' imply in the context of minor contracts?
What does the term 'voidable' imply in the context of minor contracts?
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What rationale might support a minor's right to contract for marriage in India?
What rationale might support a minor's right to contract for marriage in India?
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What does a penalty clause in a marriage contract signify in legal terms?
What does a penalty clause in a marriage contract signify in legal terms?
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What potential outcome exists for a minor claiming breach of a marriage contract?
What potential outcome exists for a minor claiming breach of a marriage contract?
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Which condition aligns with the enforcement of marriage contracts for minors?
Which condition aligns with the enforcement of marriage contracts for minors?
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Which of the following best illustrates public policy in relation to marriage contracts?
Which of the following best illustrates public policy in relation to marriage contracts?
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What distinguishes the legal treatment of minors in breach of promise cases in India compared to England?
What distinguishes the legal treatment of minors in breach of promise cases in India compared to England?
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What would most likely occur if the court finds the marriage contract to be void?
What would most likely occur if the court finds the marriage contract to be void?
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What is one of the primary arguments against the validity of marriage contracts with minors?
What is one of the primary arguments against the validity of marriage contracts with minors?
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What must the first plaintiff establish to succeed in their claim against the second and third defendants?
What must the first plaintiff establish to succeed in their claim against the second and third defendants?
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Why was the evidence from the first defendant's letters considered unsafe to accept?
Why was the evidence from the first defendant's letters considered unsafe to accept?
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What role does cultural practice play in the context of the betrothal ceremony described?
What role does cultural practice play in the context of the betrothal ceremony described?
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What was the legal submission regarding the first plaintiff's age in relation to the validity of the contract?
What was the legal submission regarding the first plaintiff's age in relation to the validity of the contract?
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What evidence did Mr. P. Somasundram provide about Hindu betrothal customs?
What evidence did Mr. P. Somasundram provide about Hindu betrothal customs?
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What was concluded about the first defendant's conduct regarding the engagement?
What was concluded about the first defendant's conduct regarding the engagement?
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What legal argument was made concerning the penalty clause in the contract?
What legal argument was made concerning the penalty clause in the contract?
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What must be established regarding the dowry in the first plaintiff’s claim?
What must be established regarding the dowry in the first plaintiff’s claim?
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What implication does the age of majority have on the contract made by the first plaintiff?
What implication does the age of majority have on the contract made by the first plaintiff?
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What was suggested about the third defendant's visit to Tapah?
What was suggested about the third defendant's visit to Tapah?
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Which legal section regarding minor contracts was referenced during the legal submissions?
Which legal section regarding minor contracts was referenced during the legal submissions?
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What was the claim regarding the return of personal items made by the second plaintiff?
What was the claim regarding the return of personal items made by the second plaintiff?
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What does a breach of promise in marriage imply in this case?
What does a breach of promise in marriage imply in this case?
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What is the main conflict in the evidence presented regarding Gopalnathan's visit?
What is the main conflict in the evidence presented regarding Gopalnathan's visit?
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What does the first defendant allege took place after Gopalnathan's visit?
What does the first defendant allege took place after Gopalnathan's visit?
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What action did the second plaintiff take after receiving the letters from the first defendant?
What action did the second plaintiff take after receiving the letters from the first defendant?
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What inference do the plaintiffs make from the visit of the first defendant's mother and sister?
What inference do the plaintiffs make from the visit of the first defendant's mother and sister?
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What key event led to differing testimonies about family negotiations?
What key event led to differing testimonies about family negotiations?
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What role did the third defendant allegedly play during the negotiations at the second plaintiff's house?
What role did the third defendant allegedly play during the negotiations at the second plaintiff's house?
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What was the next action of the second plaintiff after failing to respond to the letters?
What was the next action of the second plaintiff after failing to respond to the letters?
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What did both parties consider significant about the family meal held at the first plaintiff's aunt's house?
What did both parties consider significant about the family meal held at the first plaintiff's aunt's house?
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How did the first plaintiff react to the first defendant's account of their conversation?
How did the first plaintiff react to the first defendant's account of their conversation?
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What is argued regarding the timing of the third defendant's visit to Tapah?
What is argued regarding the timing of the third defendant's visit to Tapah?
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What does the series of letters from the first defendant reflect upon relationship obligations?
What does the series of letters from the first defendant reflect upon relationship obligations?
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Why is the visit of the third defendant and her daughter significant to the case?
Why is the visit of the third defendant and her daughter significant to the case?
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What was the main outcome sought by the second plaintiff through legal action?
What was the main outcome sought by the second plaintiff through legal action?
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What element of the case appears to affect the understanding of the engagement's status?
What element of the case appears to affect the understanding of the engagement's status?
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What argument did Chelliah make regarding the contract Exhibit P?
What argument did Chelliah make regarding the contract Exhibit P?
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What did the first defendant's letters indicate regarding his intentions?
What did the first defendant's letters indicate regarding his intentions?
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What was the court's conclusion regarding the first defendant's actions?
What was the court's conclusion regarding the first defendant's actions?
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Why did the court consider his letters as an unequivocal repudiation?
Why did the court consider his letters as an unequivocal repudiation?
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What factor did the court take into account when awarding damages?
What factor did the court take into account when awarding damages?
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What is a notable characteristic of the action for breach of promise of marriage?
What is a notable characteristic of the action for breach of promise of marriage?
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What did the court decide to award the first plaintiff as damages?
What did the court decide to award the first plaintiff as damages?
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What did the defendant argue about the betrothal ceremony?
What did the defendant argue about the betrothal ceremony?
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Why is the first defendant's behavior described as contemptible?
Why is the first defendant's behavior described as contemptible?
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What does section 39(2) of the Contracts Ordinance state about offers?
What does section 39(2) of the Contracts Ordinance state about offers?
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What role does the concept of 'vindictive damages' play in breach of promise cases?
What role does the concept of 'vindictive damages' play in breach of promise cases?
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What implication does an unequivocal repudiation have on a contract?
What implication does an unequivocal repudiation have on a contract?
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How did the court view the special pleading submitted by the defendant’s counsel?
How did the court view the special pleading submitted by the defendant’s counsel?
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What is a primary condition for an offer to hold in a binding contract as per section 39(2)?
What is a primary condition for an offer to hold in a binding contract as per section 39(2)?
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Flashcards
Competent to Contract
Competent to Contract
A person is capable of entering into a legally binding agreement.
Age of Majority
Age of Majority
The legal age at which a person can enter into contracts.
Sound Mind (contract)
Sound Mind (contract)
Having the mental capacity to understand a contract's terms and its effects on your interests.
Void ab initio (contract)
Void ab initio (contract)
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Exceptions to Void Contracts (minors)
Exceptions to Void Contracts (minors)
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Termination of Contract Without Notice
Termination of Contract Without Notice
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Contract Termination Grounds
Contract Termination Grounds
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Contracts with Minors
Contracts with Minors
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Exceptions to Void Contracts
Exceptions to Void Contracts
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Remedies for Void Contracts
Remedies for Void Contracts
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Court Discretion
Court Discretion
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Fiduciary Relationship
Fiduciary Relationship
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Restoration of Advantage
Restoration of Advantage
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S.4(a) Contracts (Amendment) Act 1976
S.4(a) Contracts (Amendment) Act 1976
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Scholarship Agreement with Minors
Scholarship Agreement with Minors
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S.4(a) and Minor's Legal Capacity
S.4(a) and Minor's Legal Capacity
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S.69 and Payment for Scholarships
S.69 and Payment for Scholarships
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Children and Young Persons (Employment) Act 1966
Children and Young Persons (Employment) Act 1966
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Child (Employment Act)
Child (Employment Act)
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Young Person (Employment Act)
Young Person (Employment Act)
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Types of Work Allowed for Children
Types of Work Allowed for Children
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Types of Work Allowed for Young Persons
Types of Work Allowed for Young Persons
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Restrictions for Female Young Persons
Restrictions for Female Young Persons
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Void ab initio (contract with a minor)
Void ab initio (contract with a minor)
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Types of Valid Contracts with Minors
Types of Valid Contracts with Minors
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Balancing Minor's Protection with Flexibility
Balancing Minor's Protection with Flexibility
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Contracts (Amendment) Act 1976
Contracts (Amendment) Act 1976
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Employment Act 1955, S.13
Employment Act 1955, S.13
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Damages for Contract Breach
Damages for Contract Breach
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Court Discretion and Compensation
Court Discretion and Compensation
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Incompetent party (contract)
Incompetent party (contract)
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Necessaries (in contract law)
Necessaries (in contract law)
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Fiduciary relationship (contract)
Fiduciary relationship (contract)
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Compensation for void contract (minors)
Compensation for void contract (minors)
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Remedies for a void contract with a minor
Remedies for a void contract with a minor
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Restoration of advantage under a void contract
Restoration of advantage under a void contract
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Court's discretion in compensation for minors
Court's discretion in compensation for minors
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Restoring advantage under a void agreement
Restoring advantage under a void agreement
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Termination of a service contract without notice
Termination of a service contract without notice
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Termination of a service contract due to breach
Termination of a service contract due to breach
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Necessaries for Minors: Dependent on Circumstances
Necessaries for Minors: Dependent on Circumstances
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Minor's 'Necessaries' Vary By Station
Minor's 'Necessaries' Vary By Station
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Lying about Age: Can't Avoid Contract
Lying about Age: Can't Avoid Contract
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Estoppel: Can't Deny Previous Statements
Estoppel: Can't Deny Previous Statements
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Benefits From Void Contract: Return or Compensate
Benefits From Void Contract: Return or Compensate
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Minor's Compensation: Needs Fiduciary Relationship
Minor's Compensation: Needs Fiduciary Relationship
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Minors' Scholarship Contracts: Valid, but Limited Capacity
Minors' Scholarship Contracts: Valid, but Limited Capacity
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S.69: Minors Can Claim Scholarship Payments
S.69: Minors Can Claim Scholarship Payments
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Contract
Contract
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Offer
Offer
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Acceptance
Acceptance
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Exact Performance
Exact Performance
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Exceptions to Void Contracts with Minors
Exceptions to Void Contracts with Minors
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Compensation for Void Contracts with Minors
Compensation for Void Contracts with Minors
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Agent
Agent
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Principal
Principal
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Agency Agreement
Agency Agreement
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Agent's Duty to Obey
Agent's Duty to Obey
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Agent's Duty to Act According to Custom
Agent's Duty to Act According to Custom
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Principal's Duty to Pay
Principal's Duty to Pay
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Intention to Create Legal Relations
Intention to Create Legal Relations
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Malaysian Court System
Malaysian Court System
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Counter-offer
Counter-offer
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Mutual Assent
Mutual Assent
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Consideration
Consideration
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Capacity to Contract
Capacity to Contract
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Voidable Agreement
Voidable Agreement
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Presumption of Legal Intent
Presumption of Legal Intent
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Sound Mind
Sound Mind
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Illegal Contracts
Illegal Contracts
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Free Consent
Free Consent
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Coercion
Coercion
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Undue Influence
Undue Influence
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Fraud
Fraud
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Misrepresentation
Misrepresentation
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Mistake
Mistake
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Specific Performance
Specific Performance
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Injunction
Injunction
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Quasi-Contractual Remedies
Quasi-Contractual Remedies
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General Damages
General Damages
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Special Damages
Special Damages
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Loss of Profits
Loss of Profits
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Other Expenses
Other Expenses
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Void Contract
Void Contract
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Contract Against Public Policy
Contract Against Public Policy
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Immoral Contract
Immoral Contract
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Enforceable Contract
Enforceable Contract
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Discharge of Contract
Discharge of Contract
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Breach of Contract
Breach of Contract
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Impossibility of Performance
Impossibility of Performance
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Partnership
Partnership
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Partnership Agreement
Partnership Agreement
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Equal Sharing in Partnership
Equal Sharing in Partnership
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Shared Liability in Partnership
Shared Liability in Partnership
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Indemnification for Partners
Indemnification for Partners
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Interest on Capital in Partnership
Interest on Capital in Partnership
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Management Rights in Partnership
Management Rights in Partnership
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No Remuneration for Partners
No Remuneration for Partners
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Adding New Partners
Adding New Partners
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Decision-Making in Partnership
Decision-Making in Partnership
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Accountability in Partnership
Accountability in Partnership
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Disclosure of Information in Partnership
Disclosure of Information in Partnership
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Non-Competition in Partnership
Non-Competition in Partnership
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Liability for Partner's Actions
Liability for Partner's Actions
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Criminal Liability in Partnership
Criminal Liability in Partnership
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Uncertain Agreement
Uncertain Agreement
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Illegal Activity in Contract
Illegal Activity in Contract
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Valid Contract Formation
Valid Contract Formation
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Time is of the Essence
Time is of the Essence
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Damages (Contract Remedy)
Damages (Contract Remedy)
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Rescission (Contract Remedy)
Rescission (Contract Remedy)
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Claiming Damages for Breach
Claiming Damages for Breach
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Specific Performance (Equitable Remedy)
Specific Performance (Equitable Remedy)
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Mitigation of Loss
Mitigation of Loss
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Lying About Age in Contracts
Lying About Age in Contracts
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Estoppel
Estoppel
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Benefits from Void Contract (Minors)
Benefits from Void Contract (Minors)
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Minor Compensation (Fiduciary)
Minor Compensation (Fiduciary)
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Penalty Clause
Penalty Clause
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Liquidated Damages Clause
Liquidated Damages Clause
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Coercion (in Contract Law)
Coercion (in Contract Law)
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Undue Influence (in Contract Law)
Undue Influence (in Contract Law)
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Fraud (in Contract Law)
Fraud (in Contract Law)
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Infant (Contract Law)
Infant (Contract Law)
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Necessaries (Contract Law)
Necessaries (Contract Law)
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Surety
Surety
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Surety's Liability and Principal Debtor
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Indemnity Contract
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Guarantee Contract
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What's a partnership?
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What's a partnership agreement?
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What's "equal sharing" in a partnership?
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What is "shared liability" in a partnership?
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What is "indemnification" in a partnership?
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How does "interest on capital" work in a partnership?
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What are "management rights" in a partnership?
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What's the deal with "remuneration" in a partnership?
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Can you just add any new partner to a partnership?
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Who makes decisions in a partnership?
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What's a "necessary" element of a valid contract?
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What is "mutual assent" in a contract?
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What is "consideration" in a contract?
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What is "capacity to contract"?
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What makes a contract "voidable"?
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How are profits shared in a partnership?
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How do partners share responsibility for losses?
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What are partners entitled to if they incur expenses for the partnership?
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How are partners compensated for capital investment?
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Who has the right to manage a partnership?
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Do partners receive a salary?
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Go-between in Marriage Negotiations
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Female Relatives' Visit for Assessment
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Agreement for Marriage
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Gifts Exchanged During Engagement
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Written Agreement for Marriage
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First Formal Meeting
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Engagement Period
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Astrologer's Role in the Marriage
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Importance of Customs and Traditions
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Marriage Consent Process
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Marriage Introduction
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Go-between as a Facilitator
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Importance of Family Approval
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Formalizing the Agreement
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Assessing Suitability
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How are profits and losses usually shared in a partnership?
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What does it mean to have shared liability in a partnership?
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What are the management rights of partners?
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Do partners get paid a salary for their work?
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How are new partners added in a partnership?
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How are decisions made in a partnership?
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What happens if someone breaks a promise of marriage?
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Can a court force someone to marry?
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What happens if a minor enters a void contract?
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What is a void contract with a minor?
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What is a contract against public policy?
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Disputed Date
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Conversation After Deepavali
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Series of Letters
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Tapah Visit
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Family Meal
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Family Discussion (October 19th)
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Customary Acceptance Argument
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Defense's Implied Argument (Tapah Visit)
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Ipoh Conversation (November 2nd)
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Solicitor's Letter (March 18th)
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Repudiation Through Letters
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Defense's Perspective
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Significance of Shared Meal
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Key Issue: Letters and Conversation
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Conflict of Evidence: Third Defendant's Role
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Repudiation of contract
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Dowry Negotiation Evidence
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Second Plaintiff's Dowry Statement
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Second Defendant's Dowry Account
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Deepavali Present
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First Plaintiff's Sari Explanation
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Overheard Conversation
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First Defendant's Letters
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Judge's Analysis of Letters
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First Defendant's Denial
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Judge's Assessment of Correspondence
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First Defendant's Emotional State
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First Defendant's Threats
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First Defendant's Self-Pity
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Judge's Rejection of Fabrication
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Judge's Verdict on Conversation
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Equity and void transactions
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Contract Act and marriage contracts
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Parent's role in marriage contracts
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Marriage vs. property contracts
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Minor's rights in breach of promise
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Minors and contract ratification
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Minor's contracts in India
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Minor's rights in breach of marriage contracts
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Age of marriage in India
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Marriage contract and public policy
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Penalty clauses in marriage contracts
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Effect of penalty clause on contract
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Court's discretion in minor compensation
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Specific performance in contracts
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Study Notes
Capacity
- Agreements are contracts if made by competent parties (Contracts Act 1950, s.10).
- A person is competent to contract if they are of the age of majority and of sound mind (legally and medically sound) (Contracts Act 1950, s.11).
Age of Majority
- Subject to section 4, the minority of all males and females in Malaysia ceases and determines at the age of eighteen.
- Attaining 18 years of age, a person becomes of majority.
Sound Mind
- A person is capable of understanding the contract and forming a rational judgment about its effect on their interests at the time of contract (Contracts Act 1950, s. 12).
- A person usually of unsound mind can contract when of sound mind.
- A typically sound-minded person cannot contract when of unsound mind.
General Rule for Contracts Made By Minors
- A contract entered into by a person who is not of the age of majority is void ab initio, meaning invalid from the beginning.
- Exceptions include: marriage contracts, scholarship contracts, and employment contracts (including insurance contracts).
Exceptions
- Nothing in this Act affects a person's capacity to act in matters such as marriage, divorce, dower, or adoption (Age of Majority Act).
Case Study: Rajeswary and Anor v Balaksrishnan & Ors
- This case involved a betrothal ceremony and arranged marriage plans.
- One party repudiated their promise to marry.
- The other party sought damages for breach.
Law Reform (Marriage and Divorce) Act 1976
- Any marriage solemnised in Malaysia is void if either party is under 18 at the time of the marriage.
- 'Solemnsied' refers to the formalization of the marriage.
Scholarships
- A scholarship agreement entered into by a minor is not invalidated under the Contracts (Amendment) Act 1976, s. 4(a).
Case Study: Government of Malaysia v Gurcharan Singh & Ors
- The high court held a scholarship agreement was void if entered into by a minor.
- This led to a judicial amendment and to this day, they can still claim payment under s.69.
- This does not make the agreement valid though.
Employment Contracts
- Children and Young Persons Employment Act 1966 defines "child" as someone under 15, and "young person" as someone under 18, who are not children.
- A child can do light work within family, in any public entertainment (based on license conditions), with Federal/State government approval (at school, training, vessel), or as apprentices (approved by an authority).
- Similarly, a young person can do any of these jobs in addition to employment (domestic/office, factory, etc), on a vessel, or in an industrial undertaking.
- Note that in specific employment, i.e., in entertainment places, a female young person can also be engaged without needing parent/guardian authorisation/approval.
Remedies in case of Void Contract by Minor
- If a minor enters into contracts, any contract that is void ab initio, except in the case of marriage, scholarships, and employment contracts, are able to claim remedies under the law. This includes (but is not limited to) marriage, scholarship, and employment contracts.
- Courts have discretion to direct payment from a minor to avoid injustice under the specific relief act (s.40). Payment remedies may be available despite the contract's initial invalidity.
Case Study: Tan Hee Juan v Teh Boon Keat
- This case highlights the need for a fiduciary relationship to obtain certain remedies. A crucial element for obtaining remedies in such circumstances.
- Recovery of money paid to a minor under a contract void ab initio can be claimed under s.69. Monetary recovery is possible.
Case Study: Mohori Bibee v DharmodasGhose
- It establishes that a contract entered into by a minor is void ab initio.
Case Study: Leha bte Jusoh v Awang Johari bin Hashim
- This case reaffirms that a minor cannot enter into a contract in the way a major adult can. This includes the purchase of land and payment of the price by the minor.
Necessaries
- "Necessaries" are items suited to the minor's condition in life, not just basic needs.
- The nature and extent of "necessaries" vary based on the minor's social circumstances, occupation, and circumstances.
- Cases like Government of Malaysia v Gurcharan Singh clarify interpretation of this concept. The court considered the particular circumstances of the minor.
- Cases on this include: Gucharan Singh and Chapple v Cooper.
Case Study: Gucharan Singh
- The Gucharan Singh case dealt with vocational training and teacher qualifications as necessities. This clarifies the types of training that may qualify.
Case Study: Chapple v Cooper
- This case discussed burial expenses as necessities for a minor.
Suited to Condition in Life
- The determination of 'necessaries' requires careful consideration of the minor's particular circumstances and living conditions. Individual circumstances are paramount. The minor's condition in life must be taken into account when deciding if something is a necessary.
Misrepresentation of Age
- A minor who misrepresents their age and enters into a contract might still be bound by it, especially if the other party relied on the lie.
- Section 115 of the Evidence Act 1950 prevents challenging the truth of a lie, yet the minor might still be allowed to provide evidence of their true age to avoid the contract. Specific legal provisions apply.
- Exceptions may be possible under particular circumstances. For example , a minor misrepresenting their age, may not be bound by a contract where the other party misrepresented their age to the minor.
- Natesan & Than Letchumi. Exceptions exist.
Case Study: Mahomed Syedol Ariffin v Yeoh Ooi Gark
- Clarified the issue of misrepresenting age; the minor was allowed to prove their true age and not be bound.
Case Study: Natesan v Than Letchumi
- Highlights that a minor who misrepresented their age to enter into a contract can still be recognized as one, and this misrepresentation will not prevent the case from proceeding. This is clarifying detail for the issue of consent in these cases.
Termination of contracts
- Under the Employment Act 1955, either party to a contract of employment can terminate the contract without notice by paying an indemnity equal to the wages the employee would have accrued during the notice period, or the unexpired term.
- A party can also terminate without notice in the case the other party commits a wilful breach of contract.
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Description
This quiz explores the legal principles surrounding the capacity to contract under the Contracts Act 1950 in Malaysia. Key topics include agreements, age of majority, sound mind, and the implications of contracts made by minors. Test your understanding of the requirements for competent parties to enter into contracts.