Many thanks to the supervisor for this research, Encik Jamaludin Yaakob. His guidance has motivated and helped me throughout the completion of this research. I am so thankful for his commitment and his guidance in contributing towards my understandings and thoughts. Nevertheless, I would like to express my gratitude towards my beloved family who has contributed to the completion of this research.
Attorney General of Sarawak — advertisement for the post of a medical officer 2. As against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor b. What are the limits of the contractual agreement. Express terms - has been specifically agreed upon by the parties - orally, in writing or both.
Implied terms - term that is read into the contract by the court. Custom and usage pertaining to a particular transaction. Sales of Goods Act 2. Hire - Purchase Act 3. National Land Code 3.
Coercion - Sec 15 2. Undue influence - Sec 16 3. Fraud - Sec 17 4. Misrepresentation - Sec 18 5. Brown - number of rubber trees 4. Eastern Mining Metals — contract not voidable despite the misrepresentation as the party has means of discovering the truth with ordinary diligence.
There must be false representation - Keates v.
Kabatasan Timber Extraction Co v Chong Fah Shing  2 MLJ 6 If the damage still could not be mitigated, the innocent party can claim the full extent of the damage that he has suffered: Akitek Tenggara Sdn Bhd v Mid Valley City Sdn Bhd  5 MLJ Duty of Mitigation can also be excluded through express provisions: Kueh Sing Khay v Lim. Kabatasan Timber Extraction Co v Chong Fah s. Enviado por Chin Kuen Yei. case law. Salvar. Kabatasan Timber Extraction Co v Chong Fah s. para depois. salvar. Relacionados. Informações. Unformatted text preview: REMEDIES FOR BREACH OF CONTRACT RESCISSION OF CONTRACT INJUNCTION SPECIFIC PERFORMANCE DAMAGES QUANTUM MERUIT BREACH OF CONTRACT • Breach of contract = the failure of a party to fulfill the provisions or conditions contained in a contract in which he is a party. • Eg.
The representation is one of factnot opinion - Bisset v. The statement was addressed to the party misled - Peek v. The statement must induce the contract - Attwood v. By consent or agreement between the parties 3.
By impossibility frustration 4. Nik Zainab — if a promisee accepts performance from a third party, cannot afterwards enforce it against promisor 2. By Consent or Agreement. Waiver, release, novation or rescission. Destruction of the subject matter - Taylor v.
Death or personal incapacity especially in regards of personal obligation. Supervening illegality - Lee Kin v. The party rescinding a voidable contract shall, if he has received any benefit thereunder from another party to such contract, restore the benefit, so far as may be, to the person from whom it was received.13 Kabatasan Timber Extraction Co v Chong Fat Shing  2 MLJ 6 34 Kemayan Construction Sdn Bhd v Prestara Sdn Bhd  5 MLJ Khong Seng v Ng Teong Kiat Biscuit Factory Ltd  MLJ Leo Teng Choy v Bectile Construction  2 MLJ London Borough of Barking and Dagenham v Terrapin Construction Ltd.
Other available Herbert Smith e-bulletins The reasoning in McCain In considering whether loss of revenue was a direct or an indirect/consequential loss.
and then exclude indirect and consequential loss. under English law. wording that excludes liability for "all special. Free essys, homework help, flashcards, research papers, book report, term papers, history, science, politics.
Magnablend Suit - Free download as PDF File .pdf), Text File .txt) or read online for free. Kabatasan Timber Extraction Co v Chong Fah Shing  2 MLJ 6 Contract - Breach - Damages — 3  Criminal Law - Penal Code (Malaysia) - s — 4 . The principal also entered into a separate contract with A for the sale and installation of the timber bowling lanes and machinery in the building and agreed on dates when the building would be ready to receive this equipment.
and external doorways were unfinished. in relation to part ofthe range. Kabatasan Timber Extraction Co v Chong Fah.