22the time prescribed in the proposal for its

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2.2.The time prescribed in the proposal for its acceptances elapses, or if no time is prescribed for acceptance, by the lapse of a reasonable time under section 6(b)
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REVOCATION OF OFFER AND ACCEPTANCE 2.3.The failure of the acceptor to fulfill a condition precedent to acceptance under section 6(c ) 2.4.The Death or mental disorder come to the knowledge of the acceptor before acceptance under section 6(d)
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COMMUNICATION OF REVOCATION 1. Complete as against the person who makes the revocation when it is put in the course of transmission to the person to whom it is made by virtue of section 4(3)(b) 2. Completed as against whom it is made only when it comes to his knowledge by virtue of section 4(3)(b)
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3 CONSIDERATION
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DEFINITION 1. Consideration is what distinguishes a bargain or contract form gift. 2. Section 26, the general rule in a contract is that an agreement without consideration is void. 3. Section 2(d) defined the word consideration is when at the 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 abstains from doing, something, such act or abstinence or promise is called a consideration for the promise .
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DEFINITION Something of value in the eyes of the law (need not be of market value). Hence, the saying : Consideration must be sufficient but not adequate. Price to be paid for the promise May consists of money, goods, promise, suffering some detriment (e.g. forbearance to sue) Consideration must flow from the propose in respect of any promise.
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TYPES OF CONSIDERATION 1. Past Consideration 2. Executed Consideration 3. Executory Consideration
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TYPES OF CONSIDERATION 1. Past Consideration - Something wholly performed before the promise was made. - Under the English Law past consideration is not a good consideration. However in Malaysia, Past Consideration is a good consideration.
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TYPES OF CONSIDERATION 2. Executed Consideration - An act which has been done to fulfill the contract. 3. Executory Consideration - An act or promise that will be done in future
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4 INTENTION TO CREATE LEGAL RELATIONS
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1. All contract is an agreement and not all agreement is contract. 2. Intention is the most important element which will change an agreement to contract. 3. Although the Contract Act is silent on the intention to create legal relations as one of the requirements of a valid contract, case law clearly dictates the necessity of this requirement. 4. Both parties must intend that the agreement is to be binding on them (i.e. they have agreed to bear the duties under the contract). Objective test : reasonable man s test
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COURT PRESUMPTION 1. No legal intention i. Family Agreement (Domestic) Case Balfour v. Balfour A married couple who live in Sri Lanka returned to England for avacation.
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  • Fall '17
  • MR TAY
  • Court of Appeal

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