HOANGTHILANANH_LAW101_K5AH3

HOANGTHILANANH_LAW101_K5AH3 - E0800004 In academy term, Law...

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E0800004 In academy term, “Law” is defined as the body of enacted or customary rules recognized by a community as binding. Sir John Salmond defines law as” the body of principles recognized and applied by the State in the administration of justice [1]. Law has also been described as a command set by a superior being ( the State) to an inferior being ( the individual) and enforced by sanctions( which may include imprisonment, fines, damage, injunctions and decrees of specific performance). In my following essay, we will discuss about the law and what kind of law related to the given case. The given case had taken place in Malaysia so it subject to the law of Malaysia in the field of Law of Contract. So what is Law of Contract in Malaysia? The word “Contract” maybe defined as an agreement enforceable [2]. The legislation in Malaysia monitoring contracts is the Contract Act 1950 (Act 136, revised 1974). The essential elements of a contract are: offer, acceptance of the offer, intention to create legal relations, consideration, certainty, and capacity. Relying on some information that given above, we start to analyze the case and also discover the solution to deal with the problem happened. There are three different situations that make us concern about how to determine exactly it is a contract or not. In the first situation, Raymond wished to sell his shop in Ipoh to James. On 5 th May, 2007, he called James to offer to sell his shop to James at RM 600,000. As the given information, there are an original offer that Raymond give to James, it necessary for formation of an agreement. Section (a) of the Contract Act 1950 states that: “when one person signifies to another his willingness to do or to abstain doing anything, with a 1
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HOANGTHILANANH_LAW101_K5AH3 - E0800004 In academy term, Law...

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