SBEQ1413. VOID AND VOIDABLE CONTRACT.pptx - NUR EMMA...

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NUR EMMA MUSTAFFA Quantity Surveying Department Faculty of Built Environment UTM
VOIDABLE CONTRACT S 10 CA 1950: Agreements are contracts if they are made by the free consent of the party S14 CA 1950 List down factors which contribute to a contract being voidable S19 (1) CA 1950 The aggrieved party may choose to proceed with the contract or not
VOIDABLE CONTRACT S14 CA 1950 Free consent means without caused by any of the following:- a) coercion b) undue influence c) fraud d) misrepresentation e) mistake
COERCION S15 CA 1950 Coercion is to commit any at forbidden by the Penal Code, or the unlawful detaining or threatening to detain any property to prejudice any person whatever, with the intention of causing any person to enter into an agreement
Coercion is the practice of forcing another party to act in an involuntary manner (whether through action or inaction) by use of threats or intimidation or some other form of pressure or force.
If a person don't "follow the program" or support the "right candidate for office" or "vote for the correct party,“ someone in charge threatens that these people will lose their jobs or their high positions within an agency.
COERCION CASE Kesarmal s/o Letchman Das v Valiappa Chettiar [1954] A transfer executed under the orders of the Sultan issued in the ominous presence of two Japanese officers during Japanese Occupation of Malaya was invalid. It was not freely given and was voidable
UNDUE INFLUENCE S16 CA 1950 An agreement is induced by undue influence whereby the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other
UNDUE INFLUENCE Raghunath Prasad v Sarju Prasad [1924] Three matters to be dealt under influence : undue
UNDUE INFLUENCE Inche Noriah v Shaik Allie b Omar [1929] A.C. 127, 1 M.C. 79 An old and illiterate Malay woman executed a deed of gift of a landed property in Singapore in favour of her nephew who had been managing her affairs. Before the execution of the deed, the donor had an independent advice from a lawyer who acted in good faith. However, he was not aware that the gift constituted practically the whole of her property and did not impress upon her that could she could prudently, and equally effectively have benefited the donee by bestowing the property upon him by a will
UNDUE INFLUENCE Inche Noriah v Shaik Allie b Omar [1929] A.C. 127, 1 M.C. 79

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