288615_CHAP 3 - Consideration (L3 - lecture version).pptx

It was agreed that the plaintiff would take care of

This preview shows page 35 - 40 out of 61 pages.

, where the plaintiff and defendant had an illegitimate child. It was agreed that the plaintiff would take care of the child for seven months, after which the child is to decide which parent she will stay with. The defendant agreed to pay the plaintiff £1 a week to take care of the child provided the child was well cared for and was happy. When the plaintiff claimed for the maintenance of £1 weekly, the defendant resisted the claim on the ground that there was no consideration for the promise as the plaintiff had a legal duty to take care of her own child. The Court of Appeal held that there was consideration from the plaintiff to take care of the child.
Image of page 35

Subscribe to view the full document.

8. Agreements without consideration under Contracts Act 1950
Image of page 36
Section 26 of the Contracts Act provides that an agreement made without consideration is void, unless it falls within any of the exceptions below: (a) it is made on account natural love and affection; It is expressed in writing and registered under the law (if any) for the time in being in force for the registration of such documents, and is made on account of natural love and affection between parties standing in near relation to each other; (b) it is a promise to compensate for something done; it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do; or E.g. A finds B’s purse and gives it to him. B promises to give A RM50. This is a contract. (c) it is a promise to pay a debt barred by limitation law. it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorised in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. e.g. A owes B RM1,000, but the debt is barred by limitation. A signs a written promise to pay B RM500 on account of the debt. This is a contract . 37
Image of page 37

Subscribe to view the full document.

Continue… Natural love and affection: s 26(a) In Queck Poli Guan (as administrator of the estate of Sit Kim Boo, deceased) v Quick Awang [1998] 3 MLJ 388 the High Court considered this exception as follows: s 26(a) provides one of the exceptional cases in which consideration is dispensed with . It allows any agreement expressed in writing and registered under the law for the time being in force (if any) for the registration for such document and is made on account of natural love and affection between the parties standing in a near relation to each other. … the parties stand in a near relation to each other; the deceased (the transferor) being the mother of the defendant (the transferee) ... The Court held that the transfer of the land was a gift from the deceased mother to the defendant on account of natural love and affection. The defendant had assumed greater responsibility towards the care and well being of the deceased as compared to the other children.
Image of page 38
Continue… In Kwan Teck Meng & Ors v Liew Sam Lee [1963]1 MLJ 333, The High Court found as a fact that the transfer was
Image of page 39

Subscribe to view the full document.

Image of page 40
  • Fall '17
  • MR TAY
  • The Land, ﹡The Court

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern