Question 2 (subra-sam)

Issue: whether Subra can sue Sam for breach of contract.

Law: Based on Contract Act 1950, one of the elements to make the contract become valid is
consideration. Consideration need not to be adequate as long as it is sufficient.

Application: By applying the law above, RM1000 offered by Subra is consideration. As

consideration need not to be adequate as long as sufficient, the consideration of RM1000 is
valid. Therefore, the contract is enforceable.

Conclusion: in conclusion, Subra may be advice that he may be successful to sue Sam for
breach of contract.

Question 3 (thatha-alice)

Issue: whether the contract made by Thatha to transffered the tittle of his property to Alice
is valid or not.

Law: Based on the Contract Act 1950, a contract must be entered with free consent of
parties competent to contract. One of the criteria that the contract is not make by free
consent is undue influence. Undue influence happen when there is relation subsist between
parties and one of the parties is in position to dominate the will of the other and use that
position to obtain unfair advantage over the other. Agreement secured undue influence is
voidable at the option of plaintiff.

Application: By applying the law above, Thatha is said to be under undue influence as he
does whatever Alice tells him to do. There is relation subsist between Alice and Thatha. Alice
in the position to dominate the will of thatha and uses the position to obtain unfair
advantage over him. Therefore, the agreement secured undue influence is voidable at the
option of plaintiff.

Conclusion: In conclusion, there was a presumption of undue influence in the relationship.

Ben and Charles may be advised that the contract make between Aloca and Thatha is
voidable.

Question 6 (nancy-sophia)
a) Issue: whether there is a valid contract between Nancy and Sophia on leasing apartment.

Law: based on Contract Act 1950, agreements the meaning of which is not certain or not
capable of being made certain are void.

Application: by applying the law above, the phrase “for as long as you wish to live there”
shows that there is no certainty on the contract.

Conclusion: therefore, there is no valid contract between Nancy and Sophia as the contract
is uncertain.
b) Issue: whether there is a valid contract between Nancy and Sophia in respect of the sale
of the car.

Law: based on Contract Act 1950,acceptance must be absolute and unqualified. An offer that
have new term may be considered as counter offer and the effect is it will revoke the
original offer.

Application: by applying the law above, Sophia has revoke the original offer by add the new
term on the contract as she said she will buy the car if Nancy sells it at RM50000. therefore,
even after she agreed to pay at RM60000, the contract could not be accepted.

Conclusion: in conclusion, there is no valid contract between them as Nancy had counter
offer the contract.

Question 1 (amarjit-biman)

a) Exception for consideration

1- When there is natural love and affection between parties standing in near relation to each
other.

2- When it is an agreement to compensate someone that has done something voluntarily.

3- When it is an agreement to pay wholly or partly statute-barred debt.

4- Contract of agency

b) Issue: whether Biman can sue Amarjit for breach their contract and for not pay the
outstanding debt.

Law: based on Contract Act 1950, a promise without consideration is void. However there is
exception where the contract will still be valid even without the consideration. One of them
is an agreement to pay statute-bared debt.however, there are conditions on applying this
which are the debtor must make a fresh agreement to pay in writing and it must be sign.
Application: by applying the law above, the promise made by Amarjit was orally. He did not
apply the above conditions therefore, there are no valid contract between them.

Conclusion: in conclusion, Biman would be advised that he might not be successful to sue
Amarjit as the promise made doesn’t fulfill the requirement to make the contract become
valid.