Professional Documents
Culture Documents
Law of Contract 3
Law of Contract 3
OF
CONTRACT
By Performance
By consent or
By Breach agreement
between parties
By Impossibility
2 IKHWAN NAGUIB BIN JUSOH - FUU 12/03/2023
DISCHARGED BY PERFORMANCE
Declaration of War.
• all contract with enemy aliens will be frustrated.
RECIS SPESIFIC
PERFORMANC
SION E
QUATUM INJUC
MERUIT TION
9 IKHWAN NAGUIB BIN JUSOH - FUU 12/03/2023
DAMAGE Meaning: remedies available in terms
of money consideration.
S
Measure of damages recoverable is set out in section 74 Contract Act
or in common law by the judgment of ALDERSON B in HADLEY V
BAXENDALE, the rule is that the injured party is entitled to :
Section 21(2) SRA provides for the situation whereby court should
not grant Specific Performance :
i. When they would give unfair advantage over the defendant
ii. Where the performance of the contract would involve some
hardship on the defendant which he did not foresee and non-
performance will cause hardship to the plaintiff.
12
IKHWAN NAGUIB BIN JUSOH - FUU 12/03/2023
INJUNCTIO Injunction is an act to restrain someone
from doing something or requiring
N someone to perform a specific act.
Granted in the discretion of the court.
-Also -Also
TE
PERPE
TUAL
know know
Mn as
interi
n as
perm
Pm or anent
interl . It
Oocuto can
Rry
injunc
only
be
Otion.
It is
grant
ed
Rgrant after
ed at a full
13
Y the
IKHWAN NAGUIB BIN JUSOH - FUU
trial
12/03/2023
discr and
QUATU It means ‘as much as he had earned’.
M On breach of contract the party
MERUIT injured maybe entitled to claim for
work done and services performed.