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Legal Capacity
A person must competent to contract.
Legal capacity refers to the ability to
make a contract.
A person is considered competent when:
1. Reach the age of majority
In Malaysia, age of majority is 18 years.
>18 is called a minor.
Whatever benefits passed to the minor
cannot be recovered.
Void ad initio (void from beginning)
Exceptions [contract is still valid]
Contract of marriage
Contract of necessaries
Contract of scholarship
Contract of insurance
2. Sound mind
3. Not disqualified by any law
which he is subject
Free Consent
Parties enter into a contract with their
own willingness
Mistake (S21,22,23)
No element of:
Coercion (S15)
Threatening intention of causing any
person to enter into an agreement
Voidable
Undue Influence (S16)
Pressure of influence by another person
Voidable
Fraud (S17)
Various act - Intent to deceive
a. Fact which is not true
b. Concealment of fact (did
not reveal)
c. Promise made without an
intention to perform
By FHK
Termination of Aqd
1. Performance (al-ada)
2. Express agreement (iqalah)
3. Impossibility of performance
(istihalah at-tanfidh) natural
disaster, policy, revoke in
writing/verbal
4. Breach (naqd al-Aqd)
By FHK
By FHK
iii.
iv.
voidable contract ha
snot been rescinded
by true owner at the
time of sale
bona fide purchaser
By FHK
3. action in tort
- the title to the goods has passed to the
buyer but the delivery is withheld.
wrongful interference with the goods
4. action for conversion, seller has
dealt with the goods in a manner
inconsistent with the ownership
of the buyer. better for a buyer
to sue under contract
- Resale
After seller has exercise his right of lien
or stoppage in transit he may resell
i.
goods are of a perishable
nature (veg, fruit)
ii.
if imperishable nature, seller
gives notice of his intention
to resell and the buyer does
not tender the price within a
reasonable time
iii.
right to resell is expressly
reserved in th contract in case
the buyer should make any
default
Remedies to the buyer
1. damages for non-delivery of
goods S57
- seller neglects or refuses to deliver the
goods
buyer entitled to his loss of profit on the
resale as a result of sellers non delivery
2. specific performance S58
- will grant this remedy if the conract is
for a sale of specific goods or
ascertained goods. Consider this is
appropriate remedy
By FHK