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kesormo/ Ǝ 4nor vŦ vo//ioppo chettior Ǝ 4nor
chin Nom 8ee ueve/opment 5dn 8hd v 1oi kim choo Ǝ
cŦMŦ Noested vŦ 1he 5tote of Perok
konhoyo Lo/ v Notiono/ 8onk of lndio Ltd

Kesarmal & Anor v. Jalliappa Chettiar & Anor
- Invalid a transIer executed under the orders oI the Sultan, issued in
the ominous presence oI 2 Japanese oIIicers during the Japanese
Occupation oI Malaysia.
- Since the consent was not given voluntarily/consent was not Iree, the
agreement to be voidable at the instance or the consent oI the options
available so the requirement or option obtained the consent oI such.

Chin Aam Bee Development Sdn Bhd v 1ai Kim Choo & Ors
- %he respondents purchase homes oII the plan to be constructed by
the appellants.
- Each oI the respondents had signed a sale and purchase agreement to
purchase a house at $29,500. Subsequently, the respondent was made
to pay an additional payment was made to pay an additional $4,000.
- %he court was asked to determine iI the additional payment was
made voluntarily or under threat by the appellants to cancel the
respondent`s booking Ior their houses.
- %he appeal dismissed by the High Court which ruled that there was
coercion as deIined in section 15 oI the Contract Act. It Iurther added
that the deIinition in section 15 should only apply Ior the purpose
contained in section 14, and not Ior the entire Act.

C.M. Aaested v. 1he State of Perak

- %he plaintiII`s application Ior a grant oI 23,000 acres oI land was
approved by deIendant. He then paid a certain sum Ior survey Iees
calculated upon the area approved as being one block
- Yet, the land was cut up into 16 blocks, but plaintiII was not
- Upon demand made by the District OIIicer the plaintiII's agents paid
a Iurther sum Ior survey Iees, the calculation oI the amount being
based upon the 16 blocks.
- %he plaintiII sued to recover the sum so paid by the agents.
- 'Under these circumstances, it is impossible to consider the payment
as a voluntary one. %he parties were not on equal terms. I think that
the plaintiII is entitled to recover the money as a payment made
without consideration, and under coercion, within the meaning oI s.
72 |s.73| oI the Contract Enactment.¨

Kanhaya Lal v Aational Bank of India Ltd
- the word `coercion' as deIined under s. 15 oI the Indian Contract Act,
(Act IX oI 1872) should be conIined to the interpretation oI the
word`coercion' as Iound under s. 14 oI the Indian Act, and that the
word `coercion' as Iound in s. 72 oI the Indian Contract Act should
be given its ordinary meaning.

&ndue influence

Morris v 8urrouqhs
cooke v Lomotte
Mor/ey v Louqhnon
L/oyds 8onk v 8undy
1ote v wi//iomson
5otwoth noneem v nodjee 4bdu//oh
uotuk loqinder 5inqh ond Ors v 1oro kojorotnom
lnche Norioh v 5hoik 4//ie
choit 5inqh v 8udin bin 4bdu//oh
Letchemy 4rumuqon lwn 4nnomo/oy
1on chye chew v 4nor lwn £ostern Mininq Ǝ Meto/s
co Ltd

Morris v Burroughs
- as a reminder to parents to watch their exercise oI authority over
their children

Cooke v Lamotte
- being used to cover possibility oI improper or misuse oI inIluence by
guardian and those in loco parentis, solicitor, spiritual adviser, doctor,
medical attendant, 'and may be said to apply to every case in which
two persons are so situated, that one may obtain considerable
inIluence over another¨

Morley v Loughnan
- unnecessary to show existance oI special r/ship between dcsd and D,
Ior he has took possession, so to speak , oI the whole liIe oI the dcsd.,
& the giIt were not the result oI the dcsd`s own Iree will, but the
eIIect oI that inIluence and domination`.

Lloyds Bank v Bundy
- !laintiII : Bundry, dependant : Llyods Bank
- DeIendant was an old Iarmer who had little knowledge oI the
business world. He had to mortgage her Iarm three times to the bank
as security against overdraIts taken by his company.
- Even iI the bank knows that the company is experiencing Iinancial
diIIiculties, this situation is not explained to the deIendant was
completely dependent on advice Irom the bank.
Held :
- when the company went bankrupt, the court to decide, the bank is
not entitled to exercise its right to such collateral. %his is because,
the Iailure oI the bank to make sure the deIendant to seek advice
Irom an independent party cannot deny the assumption that the
collateral contract entered into on the basis oI the inIluence not
- Later, Mr.Bundy claim bek the land n stating he is under inIluenced.
- UnIair advantages, domination oI will

1ate v Williamson
- % is a student intends to sell some property to settle the tuition Iees.
- He has Iound a deIendant who is a lawyer Ior advice on the sale.
Later deIendant has buy property % at 7.000 without inIorming that
the actual value oI the property is 20,000.
Held :
- %he Court held, the contract must be set aside because there is trust
between the deIendant's relationships with %. %his is because % has
reIerred to the deIendant to obtain counsel and by the deIendant was
not entitled to buy the property without making the disclosure.

Satwath Haneem v Hadjee Abdullah
- ! beneIiciary, D- trustee oI the Iamily
- %he plaintiII`s husband executed a conveyance oI property belonging
to himselI and the plaintiII to B and C, his brothers. %he plaintiII
agreed to the conveyance but aIter her husband`s death, she bought
an action seeking to set aside the agreement and the conveyance.
- A conIidential relationship existed between the plaintiII and B and C.
%he burden oI prooI thereIore lay on B and C to show that the
plaintiII Iully understood the transaction and executed the
conveyance Ireely and without being subject to undue inIluence.
Since both B and C Iailed to discharge the burdem

Datuk 1aginder Singh and Ors v 1ara Rajaratnam
- %he respondent who was the registered proprietor oI land, claimed
that she was induced by the Iraud and under inIluence oI the 1
appellant to transIer her land to the 2
- %he appellants and respondent were in a solicitor-client relationship,
the transaction was unconscionable, the burden was on the
appellants to rebut the presumption oI undue inIluence. Since thay
had not discharged that burden, the transaction was set aside. In
addition to undue inIluence, the trail court also Iound that the
appellants conduct had been Iraudulent and exercised its discretion in
awarding damages which was upheld by the appellate court.

Inche Aoriah v Shaik Allie
- !oint to be proved is that the other party has to act independently
without any inIluence and Iully understand the thing done by him.

Chait Singh v Budin bin Abdullah
- armer borrowed money Irom !, a Iinancial company
- Land oI D was mortgage and a high interest oI 63° is charged.
- DeIendant was an illiterate.
- Bargain is unconscious bargain thereIore contract is voidable.

Letchemy Arumugan Iwn Annamalay
- !laintiII who is a Iemale rubber tappers are illiterate request to
cancel the sale and purchase agreement has been entered by the
deIendant who was a developer.
- According to plaintiII, the deIendant with the help oI his solicitor has
taken advantage oI his ignorance by calling on him to sign some
documents in English. !laintiII signed the documents without
knowing and realizing that in Iact he signed an agreement to sell its
land in !ort Dickson.
- DeIendant claimed that the agreement was signed was witnessed by
a lawyer who has explained everything to the plaintiII. %he Court
held evidence clearly shows that the deIendant has committed a
Iraud on plaintiII. %hus, the painted is entitled to cancel the

1an Chye Chew v Anor Iwn Eastern Mining & Metals Co Ltd
- although the geological experts have been brought by the respondent
to check a second appellant land not included in the contract,
because the respondent has adequate Iacilities to conduct its own
investigation to determine whether the land is examined, including in
the contract, the court ruled, the appellant not do any indirection.


1) Representation of certain fact, not opinion
2) Addressed to innocent party
3) Induce the other party to enter into contract

1) Representation of certain fact, not opinion

8isset v wi/kinson

Bisset v Wilkinson
- %he claimant purchased a piece oI Iarm land to use as a sheep Iarm.
He asked the seller how many sheep the land would hold. %he seller
had not used it as a sheep Iarm but estimated that it would carry
2,000 sheep. In reliance oI this statement the claimant purchased the
land. %he estimate turned out to be wrong and the claimant brought
an action Ior misrepresentation.
- %he !rivy Council held that the statement was only a statement oI
opinion and not a statement oI Iact and thereIore not an actionable
misrepresentation. %he claimant's action was thereIore unsuccessIul.

2) Induce the other party to enter into contract

3) Induce the other party to enter into contract

Mothoo/o/ vŦ Life lnsuronce corp

Mothoolal v. Life Insurance Corp
- the Indian Supreme Court in reIerence to the Explanation to section
19 oI the Indian Contract Act stated that 'a Ialse representation,
whether Iraudulent or innocent, is irrelevant iI it has not induced the
party to whom it is made to act upon it by entering into the contract¨.

Duty of disclosure

keotes lwn Lord codoqen
6oh chooi Leonq v Pub/ic Life 4ssuronce coŦ LtdŦ

Keates Iwn Lord Cadogen
- !laintiII knew deIendant in desperate need oI homes, has led to the
plaintiII that nearly destroyed a house without telling the condition
oI the plaintiII.
Held :
- !laintiII claim Ior compensation has been denied because the court
did not regard this as an indirection in the deIendant.

oh Chooi Leong v Public Life Assurance Co. Ltd.
- %he high Court ruled that there was a deliberate non-disclose when
in a liIe insurance contract, the assured had Iailed to disclose that he
had previously suIIered Irom %uberculosis. It is trite law that a
contract oI insurance is a contract uberrimae fidei which can be
voided Ior non-disclose oI material Iacts.

Aocton v Lord Ashburton
is a leading English tort law case concerning proIessional negligence and
the conditions under which a person will be taken to have assumed
responsibility Ior the welIare oI another.
- Lord Ashburton was buying a property Ior £60,000 on Church Street,
Kensington, London. His solicitor was Mr Nocton. Mr Nocton
advised Lord Ashburton to release part oI the mortgage security.
%his was a bad idea, because as Mr Nocton in Iact knew, this meant
that the security would become insuIIicient. Lord Ashburton alleged
the advice was not given in good Iaith, but rather in Mr Nocton's selI
- Viscount Haldane LC Ior the House oI Lords held that despite Derry
v !eek (which had disallowed any claim Ior misstatements apart
Irom in the tort oI deceit) Mr Nocton was liable Ior his bad advice
given the Iiduciary relationship between the solicitor and client.

Lau Hee 1eah v Hargill Engineering Sdn Bhd
- %he plaintiII-appellant attempted to rescind an agreement to take a
loader on hire-purchase alleging Iraudulent misrepresentation.
- In dismissing the appeal, held that the appellant had Iailed to
discharge the burden oI prooI required oI him on the question oI

Derry v Peek
- %he deIendants were directors oI the !lymouth, Devonport and
District %ramways Co. Ltd., which was authorised by statute to run
tramways by animal power, or with the consent oI the Board oI
%rade, by steam power.
- %he prospectus issued by the company indicated that steam power
would be used, but the Board oI %rade reIused its consent.
- %he plaintiIIs, on the strength oI the representation in the prospectus,
had obtained shares in the company, but in the absence oI any
evidence that the deIendants believed the statement in the prospectus
to be untrue
Held :
- %he House oI Lords that they had not committed the tort oI deceit.

Weber v Brown
- !laintiII-respondent sued the deIendant-appellant Ior damages in
respect oI an alleged Ialse and Iraudulent misrepresentation relating
to the number oI rubber trees on an estate over which the latter had
the right oI purchase, which right he transIerred Ior valuable
consideration to the Iormer. %he number oI trees represented was in
excess oI the number which actually existed on the estate.
- %he deIendant-appellant had made the alleged misrepresentation
Ialsely and Iraudulently and that it had caused the plaintiII-
respondent to acquire and subsequently to exercise the rights to

Datuk 1aginder Singh v 1ara Rajaratnam
- %he respondent who was the registered proprietor oI land, claimed
that she was induced by the Iraud and undue inIluence oI the 1
appellant to transIer her land to the 2
- Appellants and respondent were in a solicitor-client relationship, the
transaction was unconscionable, and in thereIore, the burden was on
the appellants to rebut the presumption oI undue inIluence.
- Since they had not discharged that burden, the transaction was set
aside. In addition to undue inIluence, the trial court also Iound that
the appellants conduct had been Iraudulent and exercised its
discretion in awarding damages which was upheld by the appellate

S24 &nlawful agreement
(a) It is Iorbidden by law
(b)It is oI such a nature that iI permitted, it would deIeat any law
(c) It is Iraudulent
(d)It involves or implies injury to the person or property oI
(e) Courts regards it as immoral, or opposed to public policy

(a) It is Iorbidden by law
(b) It is oI such a nature that iI permitted, it would deIeat any law

nee chenq v krishnon
Menoko v Lum kum chum
Muruqeson v krishnosomy Ǝ 4nor
4hmod bŦ udoh Ǝ 4nor v Nq 4ik chonq

Hee Cheng v Krishnan
- !laintiII entered into a contract with deIendantto purchase a house
built by the deIendant on the ground temporary occupation license.
- %he deIendant and the plaintiII claiming breach oI promise oI
speciIic perIormance. the contract is contrary to Rule 41 rules the
land, in 1930that temporary occupation licenses shall not be
- %he court decides, the contact is an attempt to sell and purchase
the deIendant's rights under temporary occupation license.
%hereIore, iI the contract is allowed, it would deIeat the provisions
oI relevant laws.

Menaka v Lum Kum Chum:
- %he appellant was a registered moneylender and through her
attorney she lent money to the respondent on the security oI a charge
oI certain lands belonging to the respondent.
- Contract was discovered vopid` only aIter the proceedings had been

Murugesan v Krishnasamy & Anor
- ! bought %OL land Irom dependant who had applied Ior permanent
title. %hey entered into an agreement with the plaintiII as soon as
titles were issued. When application was unsuccessIul, ! claimed the
return oI money paid.
- %he promise to allow the purchaser to enter the lands and occupy it
was an attempt to transIer to him a part oI the promisor`s rights
under the %OL and thereIore void.
- Illegal promise could be severed Irom other provisions, and held that
the sale agreement was good but had become impossible to perIorm
so that the plaintiII was entitled to recover the purchase money.

Ahmad b. &doh & Anor v Ag Aik Chong
- R leased padi land Irom A Ior 6 years & $1500 was paid therein.
%his agreement contravened s.3(1) oI !CO. A then disallowed R to
till the land & R claimed the return oI the $.
- both were ignorant oI the illegality at the time oI executing the
agreement, s.66 would apply.

(d) It involves or implies injury to the person or property oI another

5yed 4homed 4/hobshee v Puteh binte 5obtu
Mohd 4/i lohn b Yusop 5ohibjohn Ǝ 4nor v 2o/eho bt
Mot 2in Ǝ 4nor

Syed Ahamed Alhabshee v Puteh binte Sabtu
- %rustee oI the land belonging to a child has agreed to sell the land to
the plaintiII. II the purchase is allowed, it would be detrimental to the
interests oI the children and thereIore, the court ruled that the
transaction is void.

Mohd Ali 1ahn b Yusop Sahibjahn & Anor v Zaleha bt Mat Zin &
- In 1948, the plaintiIIs` Iather, who was registered as guardian in the
title oI a piece oI land, sold the said land to the deIendants` Iather By
this agreement the plaintiIIs` Iather guaranteed that the plaintiIIs,
who were minors then, would execute the transIer oI the land to the
purchaser when they attained the age oI majority. %itle to the land
and possession thereoI were then given to the purchaser, whose
Iamily, including the deIendants, started and continued to occupy the
land until this day. Quit rent was paid by the purchaser's Iamily until
1990 and by the plaintiIIs as well since 1984.
- Minors` contract is void; court will protect minor`s interest; as
guardian Iailed to seek leave oI a Court or a Judge in order to deal
with the land, the sale is void & the agreement thereIore is

(e) Courts regards it as immoral, or opposed to public policy

Peorce v 8rooks
4roomoqum chitty v Lim 4h nonq
M44 no/dinqs v Nq 5iew woh

Pearce v Brooks
- Contract oI hire oI vichicle Ior purpose oI prostitution

Aroomogum Chitty v Lim Ah Hang
- Whom the plaintiII to claim back money lent to
the deIendant to operate a brothel. court decides a sum oI
money loaned to conduct business oI prostitution cannot be
claimed back Ior the real purpose oI the contract is immoral

1heresa Chong v. Kin Khoon & Co
- %he court ruled that the appellant-deIendant must settle on a contract
though made in contravention oI the by-laws oI the Stock Exchange
which imposed a penalty on the plaintiIIs respondents. %he
plaintiIIs-respondents might have breached the by-laws oI the Stock
Exchange by dealing with an unregistered remisier but such dealing
did not make the contract illegal as being opposed to public policy.

MAA Holdings v Ag Siew Wah
- A contract Ior the sale oI all shares oI a company owning land
contained a clause to the eIIect that the purchaser would apply
to oreign Investment Committee Ior approval oI the
transaction and should approval within three (3) months Irom
the date oI agreement. %he deIendants-vendors reIused to
complete, pleading among other things that they were not
bound by the agreement as approval oI the .I.C had not been
- %he Iailure to apply Ior approval was not a breach that went to
the root oI the contract and the parties had in Iact expressly
provided Iir that in the agreement.
- %he deIendants-vendors were thereIore not entitled to consider
themselves discharged Irom their obligations under the contract
because iI the purchaser`s breach, which at best, merely entitles
them to a claim Ior damages.

Restraints of 1rade, S.28

Wrigglesworth v Anthony Wilson
- ! & D agreed that D was restrained Irom practicing as advocate &
solicitor within 5 miles oI Kota Bahru town Ior period oI 2 years
aIter the termination oI his service contract with !.
However, contrary to what was promised aIter the service, the
deIendant opened his Iirm in the Kota Bahru. ormer employer to
apply Ior an injunction Irom the courts to prevent the
deIendants Irom doing so.
Held :
- %he Court held, because the agreement is null, the application Ior an
injunction denied.

Consequently of illegality

Ahmad b. &doh & Anor v Ag Aik Chong
- R leased padi land Irom A Ior 6 years & $1500 was paid therein.
%his agreement contravened s.3(1) oI !CO. A then disallowed R to
till the land & R claimed the return oI the $.
- both were ignorant oI the illegality at the time oI executing the
agreement, s.66 would apply.

Menaka v Lum Kum Chum
- contract was discovered void` only aIter the proceedings had been
Yeap Mooi v Chu Chin Chua & Ors
- only one party unaware oI illegality, she only can recover her money
(innocently depositing $).

Discharge of contract

Kunchi Rahman v oh Brothers Sdn. Bhd.
- !laintiII has agreed to cooperate with the deIendant to do the work oI
the Scheme, the river waters.
- the agreement, plaintiII will provide workers and equipment while
the deIendant will supply water pipe. !laintiII claimed that he had
been perIorming well, but part oI the deIendant's state work to be
compleredosempurnakan to the deIendant and the chieI engineer oI
the scheme is satisIied. !laintiII eventually had to bear the high costs

Sumpter v Hedges
- %he claimant agreed to build two houses and stables Ior the
deIendant. It was agreed that £565 would be payable on
completion. %he claimant commenced perIormance and then
ran out oI money and was unable to complete. He had
perIormed just over halI oI the contract. %he deIendant
completed the work himselI. %he claimant sought to recover
£333 representing the value oI the work he had completed. He
argued that in completing the work himselI, the deIendant had
thereby accepted partial perIormance and prevented the
claimant Irom completing the contract.
- %he claimant's action Iailed. %he court held that the deIendant
had no choice but to accept partial perIormance as he was leIt
with a halI completed house on his land.
- D had no option but to accept the building partly erected on his land.

Hj. Hasnan v 1an Ah Kian
- appellant has received a contract to make the road and deliver to the
respondent is working on a small contract between them. Respondent
agreed to complete on or beIore May 30, 1960. However,
some work is pending on that date.
- Appellant have terminated the contract with the respondents and
contracted with others to continue the work.
respondents claiming price Ior the work perIormance
and used goods.
- Court held the respondent can only be paid based
on quantum meruit Ior work perIormed and Ior goods that have been
prepared. II work has not commenced, the parties are still entitled to
claim barred damages.

Yeow kim Ponq v Nq kim Ponq
£nq Mee Yonq Ǝ Ors v Letchumonon
5yŦ £ostern P/ostic lndustry v 5yŦ Lom 5enq 1rodinq
wonq kup 5inq v lerom kubber £stote Ltd
Louinder v Leis

Yeow Kim Pong v Ag Kim Pong
- His lordship stated that iI in a contract in which time is oI the
essence, a party Iails to perIorm it by the stipulated time, the
innocent arty has the right either to rescind the contract, or to treat as
still subsiting. II he treats it either expressly or by cobduct as still
continuing, the contract exists but time cease to be oI the essence and
become at large.`
- %he respondent had wavied his right to rescind the contract and
consequently was deemed to have opted tto treat the contract as

Wong Kup Sing v 1eram Rubber Estate Ltd
- DeIendants had Iailed to give reasonable notice to the plaintiII that
intended to terminate the contract aIter having agreed to n extension
oI time Ior perIormance in a contract Ior the purchase oI a rubber


Paradine v 1ane
- ! sued D Ior rent due upon lease. D pleaded that a certain German
!rince, by name oI !rince Rupert, an alien born, enemy to the king
and kingdom, had invaded the realm with a hostile army oI men; &
with the same Iorce did enter upon D`s possession, & him expelled,
& held out oI possession. whereby he could not take proIits.¨
- %his was no excuse.

1aylor v. Caldwell
- ! entered into a contract with D where ! would pay D 100
pounds/day to use D's music hall to give a concert.
- AIter making the agreement but beIore the Iirst perIormance, D's
music hall was destroyed by Iire. Neither party was at Iault in the Iire.
- ! sued D Ior breach oI contract.
Held :
- contract rescinded.
- A contract may be rescinded iI a key provision in the contract
becomes impossible to perIorm due to no Iault oI either party.
- II a person signs a contract to act as a servant oI another, the
executors oI the servant's estate are not liable when the servant dies.
- %he excuse that a contract does not have to be enIorced upon the
destruction oI a person or thing is implied by law though it may not
be explicit in the contract.

Object oI contract destroyed/ non-occurrence oI a particular event
Krell v Henry
- D agreed to hire a Ilat Irom ! Ior June 26 &27, 1902, the contract
contained no reIerence to the coronation processions, but they were
to take place on those days and to pass the Ilat. %he processions were
cancelled. 2/3 oI the rent had not been paid and the COA held that
the ! cannot recover it.

Death or incapacitating illness: contract Ior personal services.
Robinson v Davison:
- WiIe D, Iamous pianist, Ior the presentation promised Ior the concert,
but could not implement it because oI dangerous diseases

Berney v Tronoh Mines Ltd

- Employment contract released by the disappointment when the
Japanese invaded Malaya at that time. %his means that the events
that lead to Irustration must be something that cannot be expected to
be reasonable by both parties.

Lee Kin Suan Eng v Chan
- 5-year lease renewal at all Irustrated with the existence oI the new
enactment that sets the annual renewal.

Not Irustration iI
a) Void Irom the very beginning
b) Can be expected to happen / Ioreseeable
c) Collateral object achievable
d) Becomes more onerous or costly

c) Collateral object achievable

nerne 8oy 5teom 8oot v nutton

Herne Bay Steam Boat v Hutton
- %he deIendant hired out the claimant's steamship. %he purpose oI the
contract was to take paying passengers to view the Naval Review
which was part oI King Edward VII's coronation celebrations. %he
deIendants were also oIIering a day`s cruise Ior the passengers. %he
Naval Review was cancelled as the King was ill. %he deIendant did
not use the steamship and the claimant brought an action Ior the
agreed contract price. %he deIendant argued the contract had become
Irustrated due to the cancellation oI the Naval Review.
- %he contract was not Irustrated. %he contract had not been deprived
oI its sole commercial purpose as it was still possible to perIorm the
days cruise. %he Naval Review was not the only commercial purpose
oI the contract.

d) Becomes more onerous or costly

uovis controctor v lorehom uuc

Davis Contractor v Fareham &DC
- %he Court held that a construction contract not to be disappointed
just because oI shortage oI labor and construction work becomes
more diIIicult.


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