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ESTIMATION
BFC31602
NAME
MATRIC NUMBER
AF120162
AF120036
AF120101
AF120086
AF120119
AF120145
QUESTION 12:
INTRODUCTION:
The issues that are to be discussed based on
the question are as follows;
Is communication between Azlan and
Yusuf is completed?
Payment has not been made.
Is the agreement can be enforceable by
law?
FIRST ISSUE:
Is communication between Azlan and Yusuf
is completed?
Related laws:
Application of laws:
Both
Conclusion:
Based on section 2(b), Azlans proposal in
writing form is not accepted by Yusuf. Thus,
communication between Azlan and Yusuf is
completed because it came to Yusufs
knowledge. But, the contract is enforceable as
Yusuf did not want to sign it.
SECOND ISSUE:
Payment has not been made.
Related Laws:
Application Of Laws:
Yusuf
Conclusion:
Even
THIRD ISSUE:
Is the agreement can be enforceable
by law?
Related Laws:
2(i) an agreement which is
enforceable by law at the option of one or
more of the parties thereto, but not at the
option of the other or others, is a voidable
contract.
Section
Application Of Laws:
Yusuf
GENERAL CONCLUSION
What
is communication?
Explain requirement of written contract.
What is contract?
QUESTION 22
a)
INTRODUCTION
FIRST ISSUE:
Was Sulaiman broke the promise with the
Public Bank?
Related Laws
According to Section 74(1) in Contract Act 1950, when a contract broken the
contract, compensation for any loss or damage caused to him thereby, which
naturally arose in the usual course of things from the breach, or which the parties
knew, when they made the contract, to be likely to result from the breach of it.
According to Section 74(1) in Contract Act 1950, when a contract has been broken,
if a sum is named in the contract as the amount to be paid in case of such breach, or
if the contract contains any other stipulation by way of penalty, the party
complaining of the breach is entitled, whether or not actual damage or loss is
proved to have been caused thereby, to receive from the party who has broken the
contract reasonable compensation not exceeding the amount so named or, as the
case may be, the penalty stipulated for.
Application Of Laws:
Sulaiman had received RM 5,000 from Public
Conclusion
Sulaiman
SECOND ISSUE:
Were Public Bank sues Sulaiman for
specific performance of the promise?
Related Laws
Application Of Laws:
Conclusion
Even
THIRD ISSUE:
Is this considered as performance of the
promise?
Related Laws:
According to Section 39 (1) in Contract Act 1950, where a promisor has made an offer of
performance to the promisee, and the offer has not been accepted, the promisor is not
responsible for non-performance, nor does he thereby lose his rights under the contract
According to Section 40 in Contract Act 1950, when a party to a contract has refused to
perform, or disabled himself from performing, his promise in its entirety, the promisee may
put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its
continuance.
According to Section 51 in Contract Act 1950, the performance of any promise may be made
in any manner, or at any time which the promisee prescribes or sanctions.
Application Of Law:
In
GENERAL CONCLUSION
Is
QUESTION 22
b)
INTRODUCTION
Based
FIRST ISSUE:
Zaid made an offer
Related Laws
Application Of Law
Conclusion
Based
SECOND ISSUE:
Faiz accept the offer by conduct
Related Laws:
Application Of Law
Faiz
This
Conclusion
Even
THIRD ISSUE:
Does the contract enforceable by law?
Related Laws
Application Of Law
The
GENERAL CONCLUSION
What is an offer?
The acceptance of an offer by what?
What is contract ?
Does the contract is enforceable by
the law?