Essays on Contractual Term
It is generally accepted within the law of contract that the ideal[s] of contractual fairness and liberty should prevail in contractual disputes. Central to these ideals is the doctrine of consideration and the principles within this doctrine such as, the lack of adequacy needed for consideration and the rules derived from both Stilk v Myrick […]
The Consumer Protection Act 1999 (CPA) is an act with the objective to protect the consumers’ right which came into force in Malaysia on 15th November 1999. Basically, the provisions of this act cover areas not covered by other existing laws. This act provides simple and inexpensive redressal to the consumer’s grievances and relief of […]
The terms of a contract describe the duties and obligations that arise under the agreement. Although a term has not been expressed by either party, it is nevertheless contained in the contract. Terms can be expressed or implied. Expressed terms may be expressed orally or in writing. A term may have been omitted by mistake, […]
When surveying Europe’s legal landscape, English law’s refusal to incorporate a general duty of good faith identifies it as somewhat of an oasis, standing in stark contrast to those around it. Yet in examining the net result of those ‘piecemeal solutions’ used in its place, is it truly so adrift? If, after all, these present […]
INTRODUCTION AND RATIONALE OF QUASI CONTRACTS Under the general heading of the Quasi contract there has been grouped a number of cases which have little or no affinity with contract. A simple illustration is afforded by the action to recover money paid by mistake. If the plaintiff on an erroneous interpretation of the facts, pays […]
