Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 5
Malaysian Contracts Act, 1950
PART II: OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF
PROPOSALS
Section 3: Communication, acceptance and revocation of proposals
Section 4: Communication, when complete
Section 5: Revocation of proposals and acceptances
Section 6: Revocation how made
Section 7: Acceptance must be absolute
Section 8: Acceptance by performing conditions, or receiving consideration
Section 9: Promises, express and implied
PART III: OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
Section 10: What agreements are contracts
Section 11: Who are competent to contract
Section 12: What is a sound mind for the purposes of contracting
Section 13: Consent
Section 14: Free consent
Section 15: Coercion
Section 16: Undue influence
Section 17: Fraud
Section 18: Misrepresentation
Section 19: Voidability of agreements without free consent
Section 20: Power to set aside contract induced by undue influence
Section 21: Agreement void where both parties are under mistake as to matter of fact
Section 22: Effect of mistake as to law
Section 23: Contract caused by mistake of one party as to matter of fact
Section 24: What considerations and object are lawful, and what not Void Agreements
Section 25: Agreements void if considerations and objects unlawful in part
Section 26: Agreement without consideration, void, unless
o (a) it is in writing and registered; o (b) or is a promise to compensate for something done; o (c) or is a promise to pay a debt barred by limitation law
Section 27: Agreement in restraint of marriage void
Section 28: Agreement in restraint of trade void
o Exception 1Saving of agreement not to carry on business of which goodwill is sold; o Exception 2of agreement between partners prior to dissolution; o Exception 3or during continuance of partnership
Section 29: Agreements in restraint of legal proceedings void
o Exception 1Saving of contract to refer to arbitration dispute that may arise o Exception 2Saving of contract to refer questions that have already arisen
Section 30: Agreements void for uncertainty
Section 31: (1) Agreements by way of wager void
o (2) Exception in favour of certain prizes for horse racing
PART IV: OF CONTINGENT CONTRACTS
Section 32: Contingent contract
Section 33: Enforcement of contracts contingent on an event happening
Section 34: Enforcement of contracts contingent on an event not happening
Section 35: When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
Section 36: (1) When contracts become void which are contingent on happening of specified event within fixed time o (2) When contracts may be enforced which are contigent on specified event not happening within fixed time
Section 37: Agreement contingent on impossible events void
PART V: OF THE PERFORMANCE OF CONTRACTS
Contracts which must be Performed
Section 38: Obligation of parties to contracts
Section 39: Effect of refusal to accept offer of performance
Section 40: Effect of refusal of party to perform promise wholly
By whom Contracts must be Performed
Section 41: Person by whom promise is to be performed
Section 42: Effect of accepting performance from third person
Section 43: Devolution of joint liabilities
Section 44: (1) Any one of joint promisors may be compelled to perform o (2) Each promisor may compel contribution o (3) Sharing of loss by default in contribution
Section 45: Effect of release of one joint promisor
Section 46: Devolution of joint rights
Time and Place for Performance
Section 47: Time for performance of promise where no application is to be made and no time is specified
Section 48: Time and place for performance of promise where time is specified and no application to be made
Section 49: Application for performance on certain day to be at proper time and place
Section 50: Place for performance of promise where no application to be made and no place fixed
Section 51: Performance in manner of at time prescribed or sanctioned by promisee
Performance of Reciprocal Promises
Section 52: Promisor not bound to perform unless reciprocal promisee ready and willing to perform
Section 53: Order of performance of reciprocal promises
Section 54: Liability of party preventing event on which contract is to take effect
Section 55: Effect of defaults as to that promise which should be first performed, in contract consisting of reciprocal promises
Section 56: (1) Effect of failure to perform at fixed time, in contract in which time is essential o (2) Effect of failure when time is not essential o (3) Effect of acceptance of performance at time other than that agreed upon
Section 57: (1) Agreement to do impossible act
o (2) Contract to do act afterwards becoming impossible or unlawful o (3) Compensation for loss through non-performance of act known to be impossible or unlawful
Section 58: Reciprocal promise to do things legal, and also other things illegal
Section 59: Alternative promise, one branch being illegal
Appropriation of Payments
Section 60: Application of payment where debt to be discharged is indicated
Section 61: Application of payment where debt to be discharged is not indicated
Section 62: Application of payment where neither party appropriates
Contracts which need not be Performed
Section 63: Effect of novation, rescission and alteration of contract
Section 64: Promisee may dispense with or remit performance of promise
Section 65: Consequences of rescission of voidable contract
Section 66: Obligation of person who has received advantage under void agreement, or contract that becomes void
Section 67: Mode of communicating or revoking rescission of voidable contract
Section 68: Effect of neglect of promisee to afford promisor reasonable facilities for performance
PART VI: OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY
CONTRACT
Section 69: Claim for necessaries supplied to person incapable of contracting, or on his account
Section 70: Reimbursement of person paying money due by another, in payment of which he is interested
Section 71: Obligation of person enjoying benefit of non-gratuitous act
Section 72: Responsibility or finder of goods
Section 73: Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
PART VII: OF THE CONSEQUENCES OF BREACH OF CONTRACT
Section 74: o (1) Compensation for loss or damage caused by breach of contract o (2) Compensation for failure to discharge obligation resembling those created by contract
Section 75: Compensation for breach of contract where penalty stipulated for
Section 76: Party rightfully rescinding contract entitled to compensation
