Law of Contract, Agency and Tort PDF

Here are the key points and law cases men oned in the document "LAW OF CONTRACT, AGENCY AND TORT": Key Points: 1. Introduc on to the Subject o Covers contract law, agency law, tort law, and sales of goods law. 2. Relevance to the Construc on Industry o Governs rela...

Here are the key points and law cases men oned in the document "LAW OF CONTRACT, AGENCY AND TORT": Key Points: 1. Introduc on to the Subject o Covers contract law, agency law, tort law, and sales of goods law. 2. Relevance to the Construc on Industry o Governs rela onships between par es. o Provides rights and liabili es of contrac ng par es. o Remedies for contract breaches. 3. Law of Contract o Sources of Law:  Writen laws (Contract Act 1950, Civil Law Act 1956, etc.).  Unwriten laws (Common law, case law, trade customs). o Judicial Precedents and Doctrine of Stare Decisis:  Higher courts bind lower courts.  Young v Bristol Aeroplane Co Ltd principle applies. o Forma on of Contracts:  Offer, Acceptance, Considera on, Legal Capacity. o Offer vs Invita on to Treat:  Display of goods, adver sements, auc ons, catalogues. o Communica on and Revoca on of Offers:  Offers must be communicated and can be revoked before acceptance.  Postal Rule applies in some cases. 4. Law of Agency o Forma on of agency. o Rights, du es, and liabili es of agents and principals. 5. Law of Torts  o Civil wrongs not covered by contract law. o Covers negligence, nuisance, occupier’s liability, trespass. o Professional negligence in the construc on industry. 6. Sales of Goods o Laws governing delivery of goods, ownership transfer, and quality of goods. o Express and implied warran es. Important Case Laws: Contract Law Cases: 1. Carlill v Carbolic Smoke Ball Co 1 QB 256 o Established unilateral contract principle. o Adver sement promising a reward was considered a binding offer. 2. Young v Bristol Aeroplane Co Ltd 1 KB 718 o Doctrine of stare decisis (judicial precedent). o Courts must follow previous decisions unless excep ons apply. 3. Hendry v De Cruz 15 MLJ Supp 25 o Applied stare decisis in Malaysia. 4. Gibson v Manchester City Council 1 All ER 972 o Offer vs Invita on to Treat. o Use of "may be prepared to sell" indicated an invita on to treat, not a valid offer. 5. Pharmaceu cal Society v Boots Cash Chemists Ltd 1 QB 401 o Self-service stores: Displaying goods is an invita on to treat. 6. Hyde v Wrench 3 BEAV 344 o A counteroffer cancels the original offer. 7. Adams v Lindsell (1818) 1 B & Aid 681 o Postal Rule: Acceptance is valid when posted. 8. Felthouse v Bindley (1862) 142 ER 1037  o Silence does not amount to acceptance. 9. Macon Works & Trading Sdn Bhd v Phang Hon Chin & Anor 2 MLJ 177 o Offer lapses if no acceptance within a reasonable me. 10. Holwell Securi es Ltd v Hughes 1 WLR 155 Offer specifically required no ce in wri ng; Postal Rule did not apply. Agency Law Cases: 11. Preston Corp. Sdn. Bhd. v. Edward Leong 2 MLJ 22 Defined offer and acceptance in contract forma on. Tort Law Cases: 12. Donoghue v Stevenson AC 562 Established the negligence principle. 13. United Malayan Banking Corpora on Bhd v Pemungut Hasil Tanah, Kota Tinggi 2 MLJ 87 Forfeiture of land case: English equity rules did not apply as they were inconsistent with Malaysian law. Sales of Goods Cases: 14. Chan Cheng Kum & Anor v Wah Tat Bank Ltd & Anor 1 MLRA 501 Bills of lading vs Mate’s receipt in proving ownership. 15. Syarikat Batu Sinar Sdn Bhd v UMBC Finance Bhd 3 MLJ 468 Impor ng English law into Malaysian commercial transac ons.