Contract - lesson 5 - Free Consent.pdf - • S.10 – explains why a contract must have consent • S.13 – definition of consent • S.14 – consent

Contract - lesson 5 - Free Consent.pdf - • S.10 –...

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S.10 explains why a contract must have consent S.13 definition of consent S.14 consent is freely given 7/18/2017 @Salmiah Salleh2017 1
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Void contract no legal effect ab initio… no rights or obligations can pass or created under it. S2(g) it is an agreement that is not enforceable by law. Voidable contract • – it is valid but can be set aside by one of the parties. Rights and duties may arise unless they have been avoided earlier. S2(i) an agreement which is enforceable by law at the option of one party only is a voidable contract. VOID AND VOIDABLE CONTRACT 7/18/2017 @Salmiah Salleh2017 2
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Consent is not free if: Coercion s.15 Undue Influence s.16 Fraud s.17 Misrepresentation s.18 Mistake s.21 & s.23 Voidable contract Void contract FREE CONSENT WHAT IS FREE CONSENT? - S 14 7/18/2017 @Salmiah Salleh2017 3
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COERCION S. 15 Contracts Act Threaten to do something forbidden by the Penal Code to induce the Offeree to enter into an agreement S 19 effect voidable. S.65 either proceed with contract or rescind. If rescind, have to restore benefits. 7/18/2017 @Salmiah Salleh2017 4
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