Validity of Contracts Act 1950 Including Section 14 Essay Example
INTRODUCTION.
At Malaysia,public already known that all business either small or huge,there are one systems or specifically words or most suitable called Contract Laws. All conditions among two or three or more sides are include under the Contract Laws 1950 where its take as a guidance or as assistant to make sure there are no cheating in make a deals between two or more side. Firstly,what is the meaning of Contract Laws that have been mentioned earlier.
The meaning of Contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings,it is one of the three or four most significant areas of legalconcernand can involve variations onccircumstances and complexities.
The existence of
...a contract requires finding the following factual elements.
- An Offer
- An Acceptance of that offer which results in a meeting of the minds.
- A promise to perform.
- A valuable consideration. Which can be apromise or payment in some form.
- A time or event when performance must be made. (Meet commitments)
- Terms and conditions for performance,including fulfilling promises.
Performance.
A unilateral contarct is one in which there is apromise to pay or give other consideration in return for actual performance. An example like as,I will pay you RM500. 00 to fix my car by Thursday,the performance is fixing the car by that date. A bilateral contract is one in which a promise is exchanged for a promise. (I promise o fix your car by Thursday and you promise to pay RM 500. 00 on Thursday).
Contract
can be either written or oral,but oral contracts are more difficult to prove and in most jurisdictions the time to sue on the contract is shorter,such as two years for oral compared to four years for written. In some cases a contract can consist of several documents,such as a series of letters,orders,offers and counteroffers. There are a variety of types of contracts,Conditional on an event occurring,Join and Several,in which several parties make a joint promise to perform,but each is responsible,implied in which courts will determine there is a contract based on the circumstances.
Parties can contract to supply all anothers requirements,buy all the products made or enter into an option to renew a contract. The variations are almost limitless. Contracts for illegal purposes are not enforceable at law. Other than that meanings,another meaning of Contract Law is the body of law which regulates the enforcement of contracts. Contract law has its origins thousands of years ago as the early civilizations began to trade with each other,a legal system was created to support andto facilitate that trade.
The English and French developed similar contract law systems,both referring extensivelyto old Roman contract law principles such asconsensus ad idem or caveat emptor. There are some minor differences on points of detail such as the English law requirement that every contract contain consideration. More and more states are changing their laws to eliminate consideration as a prerequisite to a valid contract thus contributing to the uniformity of law. Contract law is the basis of all commercial dealings from buying a bus ticket to trading on the stock market.
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