Malek uncle sam and amri made an agreement whereby

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They decided to enter a contest. Malek, Uncle Sam and Amri made an agreement whereby uncle Sam will buy the product and attach the receipt, Malek will answer all the questions and Amri will post the entry. The entry form was under Amri’s name. After they had won, Amri collected the prize of a car and sold it to settle his debt and refused to share the prize. Advise Uncle Sam and Malek. - Social and domestic agreement o It is presumed that there is no ITCLR and therefore there is no contract o Balfour v Balfour - Exception - There was ITCLR between them by having such an agreement - Merrit v Merrit - Malek, Uncle sam and Amri all had ITCLR - Valid contract and therefore Uncle Sam and Malek can claim 3. Tan decided to grant a lease of his farm to Lim. The term was ‘for as long as Lim wishes’. Tan has second thoughts and wishes to know if the validity of the lease could be challenged. - Lease = Long term, Rent = short term - S30 CA 1950 Certainty - The terms of an agreement cannot be vague as it is uncertain - Agreed to lease for ‘as long as he likes’ - Duration not specific - Karuppan Chetty V SuahThian - Tan is not able to enforce a contract that is void for uncertainty 4. Minors can enter into commercial contracts even if they under the age of majority - Contracts to marry entered by minors or on behalf of their parents are valid - Contracts for necessaries – minor is liable to reimburse the supplier. Nash v Inman. Tutorial 3.4 1. Fuad owns a house in KL and rents it to Ahmad, a rich businessman from Singapore. Ahmad’s relationship with Fuad becomes closer and coincidentally they look like siblings. One day,
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Ahmad was diagnosed with Leukemia and sold all of his property worth $5 million to Fuad for only $1 as he regarded Fuad as his own brother. Ahmad went back to SG for treatment and recovers from leukemia. Ahmad wants to start a new business and needs money and remembers his property were all transferred to Fuad. Ahmad wants to recover his property, advise. - S10(1) CA 1950 agreements are contracts if they are made by free consent of parties - S13 CA 1950 parties agree upon the same thing in the same sense - S14 there is no free consent if consent is caused by coercion, undue influence, fraud, misrepresentation or mistake - Ahmad may have been under undue influence S16(2) presumed undue influence o Real authority over another o Fiduciary relationship o Contracting with a person whose mental capacity affected by age, illness or bodily distress - Ahmad may be able to sue under S16(2) as he was ill when contracting and contract may be voidable – S20 CA 1950 - it may be assumed that Fuad dominated Ahmad’s mind and caused him to contract without free will and Fuad obtained an unfair advantage by using his position - However presumption is rebuttable. If fuad can show the contract was entered freely by Ahmad then there is no undue influence and contract is valid - If fuad is not able to rebutt presumed undue influence, the contract is voidable and Ahmad will have to terminate the contract 2. Munni agreed to sell a stolen Mercedes to Karen for RM100K. Karen promised to pay within
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  • Spring '14
  • Law

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