Chapter 4: Discharge of contract and remedies for breach of contract.

        

          1. Performance

o   A person a contract in accordance with its terms is discharged from any further obligations     Frustration

o   A contract is frustrated where there is a charge in the circumstances which renders a contract legally or physically impossible of performance.

3       

       2.  Breach

o   A refusal to perform a contract when performance is due would amount to discharge.

3        

       3 .Agreement

o   An agreement to discharge a contract is binding only if it is by deed, or if it is supported by consideration.

o   Two types: bilateral: the contract is executory  or partly on both sides.

                :unilateral: only one party has the rights to surrender.

       

        4. Remedies :

o   Common laws of remedies are damages.

         

        5. Specific performance

o   A decree issued by the court which orders the defendant  to carry out his obligation.

        

         6.Injunction

o   A mandatory injunction orders a person to take action to end of a breach of contract.

Chapter 3: Content of contract

1.       

       Express term

o   A statement may be an express term of contract or an representation including its formation.

o   A condition is vital term, going to the root of contract , breach of the which normally entities the innocent party to treat the contract as an end and to claim damages.

o   A warranty is term which subsidiary to main purpose of the contract, breach of which only entities innocent party damages.

2.             

     Implied term:

o   Implied by custom, court and statuary provisions.

o   Custom: the parties are presumed to have contracted by reference to the customs prevailing in the trade or locality in question.

o   Court: give full effect to the intuition of the parties.

3.        

     Standard contracts

o   Such as air-travel, banking, insurance contact.

o   It is binds temporarily or specific period.

4.      

      Exemption clause

o   Term in contract which seeks to exempt one of the parties from liability.

Chapter 2: law of contract

1.       A contract is an agreement, which legally binds the parties.

2.       Referred as enforceable agreement.

3.       In Malaysia: Contract Act 1950.

4.        Essential elements of a contract.

o   Result of offer and acceptance.

o   Contains consideration

o   Parties’ intent to create legal relations.

5.        Validity of contract

o   Capacity : children have limited capacity to sign a contract

o   Form : verbally and writing

o   Content : generally agree any term

: Term must be reasonable, precise and complete.

6.       Offer

o   An expression of willingness to do or abstain from doing anything with a view to act or abstinence.

o   Can be made orally, written or implied

o   2 types: bilateral offer: offer made to a specific person / group of person.

                                   : unilateral: offer that is made to the world at large

o   Can either accept or to reject.

7.       Acceptance

o   May be in writing or oral form.

o   Must be communicated by the offeree by someone with its authority.

o   May be expressly or implied prescribe the method of communicating acceptance.

8.       Consideration

o    A promise is only legally binding if it is made in return for another promise or an act.

o   Type of consideration:

·         Executor consideration: contains mutual promises.

·         Executed consideration: the consideration for the promise is a performed.

·         Past consideration: consideration performed before any promise of reward.

            chapter 1:Introduction to law
type of law
Public law: relationship between the states  and citizen,comprises constitutional law, administrative law and criminal law.

Private law: concerned with rights and duties of individual towards each other.

International law: concerned with the regulation of the conduct of  nations state.


Legal liabilities

contraction liabilities: arises when is a breach of legally enforceable agreement
tortuous liability: concerned  with the breach of duty imposed by the law.
criminal liability: a crime is an offence against the state

source of  Malaysian law
written law: federal constitution, state constitution, legislation, subsidiary legislation
unwritten law: english common law,judicial decision,customs and muslim law
written law
main form of Malaysian law:-

• The federal constitution: this is a supreme law of land
• eg: fundamental rights of citizens
• the state constitution: 13 states in Malaysia,each states has its own constitution.

legislation: parliament and state legislative assemblies enact law
subsidiary legislation: any proclamation rule, regulation,order, notification, made under ordinance or enactment.

eg.: YDPA, minister 's,and local government authorities.