This website uses cookies to ensure you have the best experience. Learn more

Case Study: Daniel & Sara

4672 words - 19 pages

BBL 2614 Business Law
Dr. Abbas Hardani
Trimester 3, 2013/2014
Case Study: Daniel & Sara
Assignment Group member’s name
No | Name | Student ID |
1. | Fiona Chieng Jin-Hua (Leader) | 1112702358 |
2. | Lee Yee Zheng | 1112700722 |
3. | Ng Kai Ling | 1112700962 |
4. | Daniel Chong Kwang Chian | 1112700284 |
5. | Yang Wei Wen | 1121115505 |
6. | Vatchala A/P Subramanyam | 1112701707 |

Introduction of Contract law in Malaysia
The context of law may be defined as a legally binding agreement between two parties or, in the words of Sir Frederick Pollock, a promise or set of promises which the law will enforce. The agreement will create rights and obligations ...view middle of the document...

This simply mean when the offeree accepted the proposal from the offeror. There are 5 revocation of offer and acceptance which are when rejected by the offeree, when the offeree made a counter-offer, on the death of either the offeror or the offeree before the acceptance, by non-acceptance within the time stipulated for acceptance and lastly when revoked before acceptance.
Besides that, an intention to create legal relation is when both parties had a genuine intention to create legal relations which has legal implication. Fourth, the consideration is defined under Section 26 provided that an agreement without consideration is void. The consideration is merely the a things that has monetary value in a bargain which can be measurable in terms of some economic gain or loss. The consideration must be sufficient but need not to be adequate. Lastly is capacity, under Section 11 of Contract Act 1950, every person is competent to contract as long as they are age of majority according to Malaysia law of 16 and who is of sound mind and is not disqualified from contracting by any law.
A contract is not enforceable if its object is considered to be illegal or against public policy. In many jurisdictions contracts predicated upon lotteries, dog races, horse races, or other forms of gambling would be considered illegal contracts. When entering into agreement, the parties must be free consent to contract. The free consent as provided in Section 10(1) “All agreements are contracts if they are made by the free consent of parties competent to contract...” Under Section 14, consent must be free and not caused by coercion, as defined in section 15, undue influence, as defined in section 16, fraud, as defined in section 17, misrepresentation, as defined in section 18 and mistake, subject to sections 21, 22 and 23.
Coercion is described in Section 15 of the Contracts Act 1950 as the “the committing, or threatening to commit any act forbidden by the Penal Code, or the unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement”. Undue influence in Section 16 of Contract Act 1950 is said to exist when “the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other”. Section 17 of the Contracts Act 1950 explains that fraud refers to acts committed by a party to a contract with the intent to deceive the other contracting party. Misrepresentation would refer to untrue made by a representor and that induce the other to enter into a contract. Mistake under the Contract Act 1950 includes a mistake as to a matter of fact (by one or both parties) and mistake as to any law in force or not in force in Malaysia. The terms and conditions on the agreement must be clear and certain because an uncertain agreement is...

Other Essays Like Case Study: Daniel & Sara

Search and Seizure Essay

1289 words - 6 pages trained to alert only when drugs had been detected (ITT Technical Institute Online, 2014). In this case the officer relied on his own sense of smell. The plain-feel exception allowed the officers to seize the bag of marijuana found in one individuals pocket because it was found during a frisk (Daniel E. Hall, 2012). However, the following search of the house was unconstitutional, under the Fourth Amendment, without first obtaining a warrant (Legal

Overview Of The Concept Of Freedom Of Speech

2329 words - 10 pages expression that makes people feel uncomfortable or being offended. There is a case I have witnessed for two weeks. My friend, Daniel, often shares links, posts criticisms and writes comments about political related topics on his Facebook. Since he comes from Hong Kong, a city which is well known for freedom and is currently a special administrative region of China, he tends to focus more on the defects that Hong Kong government has and the drawbacks

Mobbing: Emotional Abuse in the American Workplace

2106 words - 9 pages of addressing mobbing in organizational behavior. Case Studies In a study conducted by Teresa A. Daniel, human resources (HR), practitioners are examined in regards to being targets of bullying or mobbing. The study provides a description of bullying behaviors which fell into three major categories: (1) verbal abuse, (2) offensive conduct, and (3) work interference or sabotage (Daniel, 2012). The most common bullying behaviors experienced by

Mystic Monk Case Study

1818 words - 8 pages Barry University | Mystic Monk Coffee | Case Study # 1 | ADM 525-10-1401 | 1. Has Father Daniel Mary established a future direction for the Carmelite Monks of Wyoming? What is his vision for the monastery? What is his vision for Mystic Monk Coffee? What is the mission of the Carmelite Monks of Wyoming? Unlike the grandiose catholic stone cathedrals built in the name of the Catholic Church and seen all over the world, the

Microsoft Kinect and Its Impact on the Future of Health Care

1245 words - 5 pages i1 Technological advances impact every aspect of daily living. From the moment we wake up until our head hits our pillows we use some form of technology that up until a few years ago we never would have imagined was possible. With each passing day, more gadgets seem to enter the marketplace that make us think “How did I ever live without this?”. Perhaps no where is this felt more than the healthcare industry. Daniel Kraft, in his 2011 talk

Performance Appraisal Process Issues

2058 words - 9 pages repercussions, such as increased employee uncertainty or wasted time and effort when employees must scrap an action plan and start over. Some of these repercussions seem parallel to the Sara Tsien case, where Tsien communicated performance objectives to her direct report, Dora Lan, but did not seem to provide ongoing feedback on Lan’s progress and attainment of the objectives. Additional research of the case study revealed that the organization that

Courtroom Observation Omalleys Tavern

1658 words - 7 pages Courtroom Observation An Assignment Submitted by Sara Cotleur Liberty University Online Class Business 301-D04, Section 201320, Spring 2013 Deborah White vs. John Daniels and O’Malley’s Tavern Introduction The case in question is case number 82A04-8876-CV-285, between Deborah White as the plaintiff and John Daniels and O'Malley's Tavern as defendants before a mock U.S. District Court, in the Northern District of Indiana. The

Critical Thinking Application Paper on Child Illness of Acute Lymphoblastic Leukemia (All)

719 words - 3 pages Critical Thinking Application Rosa Zavala Critical Thinking: Strategies in Decision-Making WH09BSB06 Sara Sumner April 29, 2010 Critical Thinking Application As a working mother in the accounting field nothing prepares you to what happen to our family. On February 4th my employment went from an 8:00 a.m. to 5:00 p.m. to a 24 hour caretaker for my son Anthony who was diagnosed with a cancer in his blood called acute lymphoblastic

Assignment 6.3

654 words - 3 pages Jones International University Case Study — Groupon vs. LivingSocial: Coupon Wars Assignment 6.3 Instructor Terry Miller BBA304 Marketing Management By Daniel Rhodes Kabul, Afghanistan July 12, 2014 Groupon vs. LivingSocial: Coupon Wars After reviewing our course material this week and reviewing the case study, I believe LivingSocial is using the Sales-Oriented Pricing Objectives approach. With this approach

Scholar Paper

1396 words - 6 pages indicated in her stage name and her performance of song and dance. Her cutthroat managers carefully promoted her career, initially through their efforts to sell her image to the London elite, whose interest was both scientific and prurient, and then by securing wide public attention through advertising and public display. Despite her instant fame, abolitionists, human welfare and social reform latched onto her case, formally bringing charges against

Business LAW 531 Final Exam New Assignments

2442 words - 10 pages reasonable investigation into the accuracy of the audited financial statements. d) The officer believed the financial statements did not omit or misstate a material fact. 6. _________ is the plaintiff’s voluntary consent to a known danger. a) Negligence per se b) Comparative negligence c) Assumption of risk d) Contributory negligence University of Phoenix LAW 531 Final Exam Guide LAW 531 Final Exam 7. Calvin tells Sara that he

Related Papers

What Can Teenagers Do To Cope With Or That He She Faces

522 words - 3 pages What Can Teenagers Do To Cope With or That He / She Faces Teenager is one of stage in human life cycle. At this stage, a person will face up the most of challenging, problems and learning the new things in life. One of the almost all teenagers will be through up is love relationship during school. What teenagers can do to cope with what that they faced are focus on study first, get advised and tips from experiences person one such as

A Peaceful Evacuation Essay

1092 words - 5 pages comparison will be made to explain the pros and cons to their leadership styles. The use of Jung theory will help explain the interrelationship and how the personality and leadership styles might enhance or hinder their team performance in this case study.. The leadership style of Lieutenant Colonel Yaron I found the leadership style of Lieutenant Colonel Yaron would best be described as Participative Style. The traits of this style are: team member

Mystic Monk Essay

3181 words - 13 pages CASE 01 - MYSTIC MONK COFFEE 1. Has Father Daniel Mary established a future direction for the Carmelite Monks of Wyoming? What is his vision for the monastery? What is his vision for Mystic Monk Coffee? What is the mission of the Carmelite Monks of Wyoming? 2. Does it appear that Father Daniel Mary has set definite objectives and performance targets for achieving his vision? 3. What is Father Prior’s strategy for achieving his vision? What

Unit 6 Assignment 2

2168 words - 9 pages . On the other hand, some companies in the country have started taking cake orders over the internet, and actually giving incentives for ordering online, you get free candles to go on your cake (Gregory, 2012). Although they are not a top brand they get the job done which will help increase, Sara later went on to say. For example, an acknowledge study showed that within 30-90 days of serving an online ad, almost 50 percent of the activity (i.e