Consent.docx - In Malaysian CA 1950 S10(1 states that...

This preview shows page 1 - 2 out of 3 pages.

In Malaysian CA 1950, S10(1) states that “all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void”. According to S13, consent occurs when two or more individuals agree upon a same matter in the same sense (“Definition and Meaning of Consent”, n.d.). Then, free consent refers to two parties agree to a contract and understand all its terms and conditions (Hussain, 2017). So, the contract which is made freely becomes valid due to the free consent of both parties. A contract without free consent is voidable as only one party to the contract is bound while the unbound party may reject the contract (Birch, 2017). However, free consent can be negated due to fraud, mistake, misrepresentation, duress and undue influence. Fraud refers to the acts committed with an intention of deceiving or inducing another party to enter into the contract (R&A Associates, 2013). S17 states that there are five acts are considered as fraud, for instance, the person who makes a wrong statement does not believe it to be true. Secondly, performing an active concealment of a fact by one who knows the actual truth.
Image of page 1

Subscribe to view the full document.

Image of page 2

{[ snackBarMessage ]}

Get FREE access by uploading your study materials

Upload your study materials now and get free access to over 25 million documents.

Upload now for FREE access Or pay now for instant access
Christopher Reinemann
"Before using Course Hero my grade was at 78%. By the end of the semester my grade was at 90%. I could not have done it without all the class material I found."
— Christopher R., University of Rhode Island '15, Course Hero Intern

Ask a question for free

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern