OFFER PERFORMANCE AGREEMENT

Effect of VOID –
• No legal effect
• Drug business
contract void Communication offer – valid when other party know Invitation to treat – not • Both parties have to carry out their • Contract that is created by
(illegal) about the offer an offer but invite other obligations consent can be extinguished by
party to make an offer consent. Express or implied
Case: R v. Clarke (claim reward; failed)
I. Advertisement
• Section 38(1) Contract Act 1950 –
parties to a contract must be
DISCHARGED • Section 64: deals with remission of
VOIDABLE Revocation offer – offeror cannot revoke offer after
caused by – offeree accept the offer II. Display of goods prepared to perform his obligation OF CONTRACT performance. The promise may
• Coercion Case: Byme Co. v. Tienhoven III. Tender at the “time” and “place” at dispense with or remit, wholly or in
• Fraud IV. Price list which he has undertaken to do part, the performance of the
• Misrepresentation V. Auction promise made to him
• Undue influence Modes of revocation –
• By notice of revocation by 1) Destruction of
offeror (before offeree accept) subject matter FRUSTRATION/
FREE CONSENT ACCEPTANCE BREACH
• The offer not accept within due Eg: A contracts to sell IMPOSSIBILITY
time a house to B for
Case: Ramsgate Victoria Hotel v. RM100K. A day after
Montefiore Rules of acceptance: the contract is made,
Contract be valid; consent of • By the offeree make counter • Where one party fails to perform 2) Supervening event defeat the
a. Absolute & unqualified part of the house is
the party must be genuine offer his obligations or to tender purpose of the Contract/
(offeree must accept similar destroyed by
1) Coercion (threat) Case: Hyde v. Wrench performance, there is a breach of Unforeseeable circumstances
with the offer) accidental fire. B may
2) Undue influence • By death/mental disorder the contract that prevent someone from
b. Prescribed time compelled to perform
3) Fraud (deceive other) Communication revocation offer – fulfilling a contract
c. Communication his part of the
4) Misrepresentation effective when come to Case: Tan Hock Chan v. Kho Teck 3) Death/Personal Incapacity
i. (silence does not mean to contract by paying
5) Mistake (a party think knowledge of the offeree (before Sang 4) Supervening illegality
acceptance) the purchase-money
differently from the fact) acceptance) ii. Postal rule – sec. 4(2)(a)(b)

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CERTAINTY
ESSENTIAL CONSIDERATION REMEDIES FOR QUANTUM
RESCISSION
ELEMENT TO FORM BREACH MERUIT
A VALID OF CONTRACT
Terms not certain; agreement VOID
CONTRACT Types of consideration: • Voiding of contract which not • It means “as much as he had
✓ Executory – promise for promise recognized legally binding earned”
Case: Karuppan Chetty v. Suah Thian ✓ Executed – promise for an act • Contract can be legally
(use term uncertain; “as long as he like”) • Legal doctrine – a presumption
✓ Past – promise is made in return for terminated by mutual agreement a person who perfomed for
act already has been perfomed Case: Natesan v. Thanaletchumi & Anor another deserved to be paid
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2 SPECIFIC
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INTENTION TO CREATE PERFORMANCE
LEGAL CAPACITY DAMAGES INJUNCTION
LEGAL RELATION

1) Domestic/family agreement (no legally binding 1) Age of majority (minor get into contract; void) Court order that Court order that compels a party to
Except – Innocent party receive monetary
unless produce evidence and have intention to required a party to do or refrain from specific acts
a. Marriage contract d. Apprenticeship compensation from default party
bind the contract do that which he ✓ Temporary injunction – Pertama
b. Contract of scholarship e. Insurance Types –
Case: Merrit v. Merrit (divorce, house transferred) had already agreed Cabaret Nite Club v. Roman Tam
c. Contract for necessaries f. Agency 1) Nominal damages
2) Substantial damages Case: Duncuft v. ✓ Permanent injunction – Neoh Siew
2) Business/commercial agreement 2) Soundness of mind Albrecht 59 E.R. Eng v. Too Chee Kwong
3) Not disqualified by law 3) Exemplary damages
Case: Win v. Bull