Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
a) Formation of agency
Express
appoinmen
t
Implied
appoinment
Doctrine of
estoppel
FORMATI
ON OF
AGENCY
Necessity
Ratification
Sampai
Fatin
Cemburu
3R
Di
Sue
Coffee
3A
Operation
Early
Time
b) Formation of hirer purchase
Right by operation of
law
Right to early completion of
agreement
Right to termination of
agreement
Noris
Wati
Signed
Detail
Supaya
Nanti
Cerita
Separate
agreement
itemrepossession
of goods. must has
S 17A
Person for
to every
undertake
Menarik
Hooligan or
if not penalty under
No alterations
or gangster
additionsnot
to allowed,
the agreement.
S 46
Repossession
done certificate.
lawfully and according to the
Motor vehicles
registration
manner prescribed by regulations
Control
Person who apply permit should:
Altered or modified motor vehicles.
- 21 years and above
- Malaysian citizen
BF
Declaration
secondby
hand
- Noton
convicted
any motor
offencevehicles.
Any
other
requirement
determine by controller
Demand
Permit
valid
for
2
years
Copy of the agreement must be served to hirer and
May revoked/cancel permit of involved in any offence
guarantor.
Repossession agent must show permit, identity and
authority card
c) Procedure of repossession
Booking
fee.
No
forces or criminal act
After repossession, served document to hirer
immediately (by hand)
Document contain date, time, place
Time repossess can be done 9.00 am 9.00 pm
Dapat
1. Default in payment
Right of repossess - S16(1)
Amount payment <75%
2 successive default in payments
Cannot repossess - S16(1A)
Amount payment >75%
2 successive default in payment
But can repossess if get order from the court
If hirer death, repossess if 4 successive default in pay
5. Selling of
Public auction: owner must serve hirer copy of
auction sale notice less than 14 days
Non-public auction: owner given an option to
hirer to buy the goods
If proceed, hirer need to pay the outstanding
amount due and bear the auction expenses
3) NEGOTIABLE INSTRUMENT
a) Characteristic of cheque
We
Say
DaeBak
Pada
Specified person
It must be an
unconditional order in
writing
The cheque must be
signed
It is drawn in banker
Types of
cheques
legal action because of lapse of time fixed by law which is within six
years.. For agreement to become a valid contract even without
consideration, two conditions need to be fulfilled; the debtor made a fresh
promise and promise is in writing and signed by the promisor.
b)
The issue is whether there is a contract between Ali and Ani. The
second issue is whether the agreement which made between family
members are valid or not. Lastly, the issue is whether Ali has the right
refused to transfer the house to Ani or not.
Intention to create legal relations is one of the basic elements of
contract. In view that the Contracts Act 1950 does not contain any
provision with regards to this principle, English common law is applicable.
The law divides agreements into two classes, first is commercial or
business agreement and second is social, domestic or family agreement.
Social, domestic and family agreements are agreements which are made
between friends and family or social arrangements. In such an agreement
the law presumes that there is no intention to create legal relation
between the parties. However, the presumption may be rebutted by
giving evidence. The relevant case is Merrit v Merrit. In this case, it was
held there is a binding contract between the husband and wife because
the parties had intended to create legal relations by making their
agreement in writing and signed by the husband. Accordingly the house
must be transferred to the wife.
In Anis case, her husband promised to transfer the house to her by
made a writing agreement on piece of paper and signed it. By referring to
the case Merrit v Merrit, Ani can claim the house from her husband by
rebut it with the evidences which the agreement they have been made. In
addition, since Ani has performed the obligations to continue the payment
of the house, the contract between them is valid.
In conclusion, there is a binding contract because Ani had intended
to create legal relation by making their agreement in writing and signed
by Ali. So, Ali has no right to refused transfer the house to Ani. Accordingly
the house must be transferred to Ani.