BUSINESS LAW

BLW10103

ASSIGNMENT 2

DATE OF SUBMISSION:
29 NOVEMBER 2023

PREPARED FOR:

MADAM MUMTAZAH BINTI NAROWI

NO NAME MATRIC ID REPORT PRESENTATIO TOTA

N L
1 AMIROOL HAKEEM BIN MOHD 012021091546
NOR
 TABLE OF CONTENT

CONTENT PG.NO
2
INTRODUCTION

3,4
ISSUE

4,5
REGULATION

6
APPLICATION

7
CONCLUSION

INTRODUCTION

1
The termination of a contract is a concept, in contract law indicating the end of the
relationship between parties. Contracts are essential in both business and
transactions as they define the rights and responsibilities of the parties. While
contracts start with consent and binding obligations it is equally important for the
parties to have a conclusion allowing them to move forward independently. Various
factors such, as fulfilling obligations reaching an agreement encountering obstacles
or disagreements violating terms or legal circumstances can lead to the termination
of a contract.

The legal case known as "Berney v Tronoh Mines (1949)" holds a place, in the
history of law leaving a lasting impact on the landscape. This case, which falls under
contract law and tort law took place within the jurisdiction of the court. It explores the
intricacies of mentioning the area in question. The case revolves around a set of
circumstances that highlight the key factual elements and legal issues involved.
Providing background information on any economic or social context is essential, for
understanding the context of "Berney v Tronoh Mines." The parties involved in this
dispute not needed a legal resolution but also grappled with implications that
extended beyond their immediate concerns.

This court declaration that was made in 1949 has not just disappeared into legal
history but reverberates in subsequent judgments and academic discussions. It is
considered a leading case in this area of law. specifying the legal field and
influencing the interpretation and application of the legal doctrines. Hence, this
introduction prepares a deeper investigation into “Berney vs. Tronoh Mines” by
considering the specificities of the case as well as the legal issues that have been
discussed and their lasting effects on the legal context.

ISSUE

2
A central matter in the case of H. A. Berney vs. Tronoh Mines Limited arises from the
controversial alleged contract between the claimant, H. A. Berney, and the
counterclaimant, Tronoh Mines Limited. The major point at issue is the existence,
validity, and clauses alleged by H.A. Berney relating to the discharge of the contract.
The report aims to carry out a wide-ranging study and meticulous examination of the
events precipitating the disagreement. The central issue is whether H.A. Berney and
Tronoh Mines Limited entered into a legally binding and enforceable contract. This
endeavor necessitates an intricate exploration of several critical facets:

1. Examination of Documentary Evidence: Examining any of the

documented exchanges, contracts signed, communications, and other
records submitted by the two parties with respect to the contract’s
formation, conditions for breach, and terms.

2. Evaluation of Contractual Elements: A strict examination of the

elements of the contract’s foundation, including offer formation,
consideration, acceptance, and intention to create legal relations. The
adequacy and clarity of the offer, acceptance without a doubt or
counteroffer, and existence of consideration are considered.

3. Assessment of Contractual Validity: Analyzing the actions and dealings

among the concerned parties to ascertain whether the fundamental
elements of a binding contract were met. thorough scrutiny of possible
instances of fraud, mistake, duress, or mental incapacity that had led to
the vitiating of the contract.

4. Legal Precedents and Statutory Analysis: Examination of pertinent

legal precedents and statutory provisions governing contract formation
and enforceability within similar factual contexts. This involves
comparing analogous cases and legal doctrines to draw insightful
parallels and distinctions.

3
This report was meant to provide a just and thorough description of the facts and
legal aspects surrounding Berney’s contract with Tronoh Mines Limited. The report
uses empirical evidence in conjunction with legal principles and precedent analysis
in an effort to ascertain the factual basis and legitimacy of an alleged contractual
agreement between the parties involved in this case.

REGULATION

Without specific access to “H.A. Berney v. Tronoh Mines Limited (1949) 15, M.L.J.
4,” it is hard to cite the laws or regulations used in that case concerning the
termination of the contract.
Nevertheless, the discharge of a contract generally entails different legal rules and
situations where the contractual obligations become extinguished. Here are some
key aspects related to the discharge of contracts and common legal principles:

1. Performance
Discharge of contracts means fulfilling the obligations prescribed therein by each
party. If all parties fulfill their obligations under a contract, it is said to be discharged.

2. Breach of Contract
In such a situation, one party may not have performed correctly according to the
agreement, without any lawful reason. It should be noted that such a breach is
referred to as a material breach. It may terminate the contract, with the innocent
person no longer being under any obligation.

3. Agreement
Discharge by agreement or mutual consent is a situation in which the parties
themselves decide to terminate the contract. They can renegotiate an agreement
that cancels the earlier one, and they get out of their mutual obligations.

4
4. Frustration of Contract
Frustration of a contract occurs if unforeseen circumstances arise and the contract
becomes impossible to execute or drastically differs from the initial terms of the
agreement. This can be used by the parties to relieve themselves fofany future
commitments.

5. Operation of the Law

A contract may be discharged by certain events, as defined under the law. For
example, a contract can be rendered unenforceable through various circumstances,
such as illegality, impossibility of performance, and bankruptcy.
In relation to “H.A. Berney v. Tronoh Mines Limited (1949) 15, M.L.J., 4,” the court’s
decision or legal analysis would clearly apply the discharge principles in that
particular case. The assessment would include looking at the facts, terms of
contract, as well as legal submissions made in connection with the contractual
disagreement between the parties, and whether the discharge principles were
applied.
A better comprehension of how discharge of contract principles were interpreted
within the specific context of “H.A. Bernay v. Tronoh Mines Limited (1940)15, M.L.J.
4” would be attained by accessing judgments.

5
APPLICATION

Some points should be considered here since this case (Berney v. Tronoh Mines
(1949)) is referenced and applied to release the liable party from fulfilling the contract
and have his claims dismissed in order to shield the parties of law. In this case,
frustration can only arise where:

1. In general, it involves an unforeseen event outside the control of

parties that significantly or radically changes the situation, so that it
changes the obligations of the parties from their original intentions.
2. The supervening event was not caused by either of the parties.
3. The parties never anticipated the subsequent happening; therefore, it
was outside the scope of the agreement.
4. The party would be allowed to escape liability as it would be unjust to
bind them with their original contract in new circumstances.

In addition, when the circumstances stated above would be entirely unfair to let
either or both parties to their original contracts, the application to discharge a
contract can only be done then. This shows that when the principles established in
the case are applicable, they could be incorporated into your legal argument or
analysis. Differences should also be pointed out in terms of variations compared to
this specific case (Bersey vs. Tronoh Mines (1949)). Specifically, in Berney v. Tronoh
Mines, it was stated that where there is a war between governments, the
governmental interference would be considered a usual cause for frustration in
contract cases. Ultimately, it was held that the Japanese invasion of Malaya
frustrated the performance of the contract and that therefore there was no breach of
contract on the part of the defendants. The court eventually ruled that the case
should be dismissed on jurisdiction.

6
CONCLUSION

The discharge of a contract is one of the most important parts of contract law, which
determines at what point and in what way a contractual obligation can be
terminated. Discharge is one of the most important terms in the contract and can be
affected by performance, agreement, frustration, breach, and law. The easiest and
most frequently adopted way of terminating a contract is for the parties to mutually
perform their obligations. However, upon experiencing unexpected circumstances
such as dissatisfaction or violation, the situation becomes problematic.
The tenets of dismissal offer guidance to the parties during the period of a
contract. Parties should have a good understanding of what amounts to discharge
and the safety measures that they should put in place, including incorporating force
majeure provisions or foreseeing possible violations. a mechanism’s of discharge,
which guarantees the adaptability of contract law to complex business transaction
scenarios in the world.
Therefore, the implication of contracts as agreed by the party or parties also has
white lines that are critical. However, it is vital for a party, a company, or an entity to
understand the fundamentals of contracts so as to protect them and ensure a hitch-
free transaction with involved groups.

7
 RUBRIC REPORT 20%

WEIG VERY WEAK WEAK MODERATE GOOD EXCELLANT

HTAG SCORE
CRITERIA 1 2 3 4 5
E
Able to write Able to write
Not able to ideas with limited ideas fairly Able to write
Able to write
Introduction 2 write ideas clarity and clearly but ideas with 10
ideas clearly
clearly require further require minor excellent clarity
improvements improvements
Able to apply
Able to apply
new idea or
Not able to new idea or Able to apply new
knowledge to a
apply any new Limited ability to knowledge to a idea or
given problem
Issue 3 idea or apply new idea given problem knowledge to a 15
and able to
knowledge to a or knowledge. with assistance given problem
propose
given problem. from lecturer or independently.
alternative
student.
applications.
Not able to Independently Able to provide
Able to partially Able to explain an
explain an able to explain an explanation of
explain an idea idea with
Regulation 4 ideas, even ideas clearly ideas very 20
with maximum minimum
with without clearly and
assistance. assistance.
assistance. assistance. accurately.
Difficulty in
Not able to Able to
organizing and
organise and organise and
analysing
analyse Information or analyse
gathered Information or
gathered data, but does gathered
information or data, clearly
information or not clearly information or
data and finds describe the some
Application 4 data and fails describe the data, clearly 20
difficulty in factors that
to define the factors that describe the
explaining the contribute to the
factors that contribute to the factors that
factors that problem/issue
contribute to problem/issue contribute to
neither
the the
contribute to the
problem/issue problem/issue
problem/issue
Able to
gather and
Able to gather
evaluate
Able to gather and think about
information,
relevant information,
choose a
information, synthesise, able
Has difficulty in clear
Fails to synthesise and to offer
gathering, interpretatio
gather evaluate the responsible
Conclusion 3 synthesising n, and 15
information information interpretations;
and evaluating provide
for discuss. and offer provides
information. sufficient
simple, sufficient
evidence
unsupported evidence to
(quality and
conclusions. support
quantity) to
conclusions.
support
conclusion

8
 Able to
Not able to Able to
Able to Able to produce produce their
produce their produce their
produce their their own work, own work,
own work, own work, no
Authenticity 2 own work but authenticity distinctive 10
there was a plagiarism and
there is minor and no authenticity
lot of require minor
of plagiarism plagiarism and no
plagiarism improvements
plagiarism
Not able to
Not able to Not able to Able to follow
follow Able to follow
follow follow according to
according to according the
according to according to the
the assignment
Format 2 the the assignment assignment 10
assignment format and
assignment format and format, and
format and good use of
format and limited use of excellent use
no the references
limited use of the references of references
references
the references
Total Points: /100

9
 RUBRIC PRESENTATION 10%

WEIG VERY WEAK WEAK MODERATE GOOD EXCELLANT

CRITERIA HTAG SCORE
1 2 3 4 5
E
Introduction
Introduction Introduction is
somewhat
does not Introduction Introduction is creative and
attempts to
attempt to engages the good & engages engages the
engage the
engage the audience. The the audience. audience. The
Introduction 3 audience but 15
audience and main idea of The main idea main idea of
the main idea
the main the content is of the content the content is
of the
idea of the clear. is clear. clear.
content is
speech is
somewhat
unclear.
unclear.
Adequately
states the
main points
and details
States the most that are
States few
of the main accurately
main points
Irrelevant points and focuses on the
Main point and details
information, details that topic
and/or that focus on
Content 4 no transition focus on the Thoroughly 20
argument the topic, or
between topic. May and clearly
confused/uncl information
ideas. include some states the
ear. does not
unnecessary main points
relate to topic.
information. and precise
details that
are accurately
focused on
the topic.

10
 Student
Student does States the States the Student
presents a
not present a most of the most of the provides good
comprehensiv
comprehensiv main points main points overview of the
e view of the
e view of the and details and details topic and
topic,
Discussion 4 topic, and that focus on that focus on support their 20
compelling
does not the topic. May the topic & recommendatio
recommendati
present a include some include ns with good
ons with
clear unnecessary necessary reason and
excellent
discussion. information. information. evidences.
justification.
The
presentation Good
The style is less presentation
presentation convincing Moderate style.
Good
style is and less clear. presentation Intonation is
presentation
unconvincing The intonation style. Good better and
style. Intonation
Communic and less clear. of the intonation and able to
3 is better and 15
ation/ Q&A Language language is correct generate
able to give
intonation is less answers feedback with
correct
inappropriate, appropriate, match the classmates as
answers.
and answers and the title. well as give
are incorrect answers are correct
somewhat answers.
less
accurate.
Only one Not all
member member
contributes contributes Team Team
Teamwork to oral to oral members Team member member
Presentatio 2 presentation presentation transition transition transition 10
n team team fairly organized excellent
member are member are organized organized
not not
organized. organized.
The
presentation The
was the The presentation
The appropriate presentation was the
The presentation length but was the appropriate
presentation was too long seemed very appropriate length. It did
was not or too short. hurried or too length but not seem
prepared and The presenter slow. The seemed slightly hurried or too
Presentatio no eye did not speak presenter hurried or too slow. The
2 10
n contact. The clearly most of spoke clearly slow. The presenter
presenter did the time and and distinctly presenter spoke spoke clearly
not speak the established only some of clearly most of and distinctly
information little eye the time the time and and
on the poster contact with and/or established eye established
the audience. established contact with the eye contact
little eye audience. with the
contact with audience
the audience

11