CONTRACT LAW I

Introduction
CONTRACTS ACT 1950
(CA)
• Modelled after the Indian Contract Act 1872.
• English common law and rules of equity.
• Contains the specific provisions concerning the
formation, revocation, elements, and validity of
contracts.

SPECIFIC RELIEF ACT

1950 (SRA)
• Modelled after the Indian Specific Relief Act 1877.

Other relevant legislations – Age of Majority Act 1971,

Children and Young Persons (Employment) Act 1966
https://shopee.com.my/ilbs.my?v=6ef&smtt=0.0.5
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 AGREEMENT CONTRACT
Enforceable
• S 2(e) of CA: Promise with consideration is
an agreement. (Must have mutual promises)
S 2(h) – Valid agreement, is a contract

(Normally when an agreement is written

and formally signed will be enforceable)

Unenforceable

S 2(g) – Void agreement

• S 10 of CA: Agreements are legally binding and enforceable contracts, if three of the elements are fulfilled:
1. Free consent
2. Capacity of the parties (must be competent to contract)
3. Lawfulness of consideration and object (illegality – set out in S 24)

If not fulfilled, the agreement is void. Void means unenforceable by law (S 2(g)). 3
 1. Offer
2. Acceptance
ELEMENTS 3. Consideration
4. Free consent
OF A VALID 5. Capacity/Competency
6. Intention to Create Legal Relations (ICLR) – there are
CONTRACT debates as to whether this is a required element
7. Legality