Consideration .docx - CONSIDERATION Definition S.2(d...

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CONSIDERATION Definition : S.2(d) “When, at desire of the promisor, the promisee or any other person has done or abstained from doing or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called consideration for the promise.” Case : University of Malaya v Lee Ming Chong (1986) Types of Consideration 1. Executory consideration Consideration which is yet to be given or performed S.2(d) & S.2(e) - {PROMISE} – keyword Case : K Murugesu v Nadarajah (1980) 2. Executed consideration Consideration which has been completed by a party at the time of the contract. S.2(d) - {one person make the promise, another person doing the action} 3. Past consideration Is where a promise is given in return for an act which was performed before the promise was given and independently to it English law : x valid ; why ?? – you are doing it before the contract M’sia law : valid [S.2(d) & S.26(b)] Case : Kepong Prospecting Ltd & Ors v Schmidt (1968) Requirement of consideration S.26(b) :
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