Kepong prospecting ltd v schmidt

A promise not to take credits on Ds name is a good consideration.

Business Law Assignment Essay Sample

In the absence of express communication of acceptance of the term, the third party would have to establish that he had altered his position in reliance of the term before he is able to defeat a variation of the contract. The question for the dissent was one of degree of control and since the ownership was total, the liability should accompany such complete ownership.

The application of this presumption has certain surreal qualities about it when dealing with non-common law countries, especially those which profess to be ruled by religious codes, but be that as it may, the principle still applies … [] Nonetheless, their Honours went on to complain that: Exceptions to considerationIn general rule, the law sets the rule without valid consideration from both parties, an agreement is void.


Promo Sdn Bhd is a legal independent company and its financial problem should not relate with Sporty Sdn Bhd. Certain exceptions have been developed over the years to mitigate the severity of the doctrine. What is sought to be achieved by the distinction between the two subsections is vague.

Woo Hing Brothers (M) Bhd

Consideration is defines in Sect. In defense, the company claims that no consideration is given for the promise. There, books purporting to contain reports of decisions of courts or judges in such country, and text books treating of the laws of such country, may be referred to by all courts for the purpose of ascertaining the laws in force in such country; but such courts shall not be bound to accept or act on the statements in any such books as evidence of such laws.

Each of the subscribers must undertake to subscribe for one or more shares of the company. Conversely, if A buys the goods from B but delivers it personally to C, C being a person not named in the contract would not be entitledto enforce the contract against B if, say, the goods are defective.

Had this section not been included in the Act, the Arbitration Act wouldnot apply to the third party, as he is not a party to the arbitration agreement within the meaning of that Act. This implies that in the meantime, the acceptor may also withdraw his acceptance.

A number of rules of this kind can prevent the default application of Australian law. Traditionally, this has been described as a presumption of fact, albeit a highly implausible one.

Therefore, it can be said that the relationship between the Australian Torrens systems is very close with the Malaysia National Land Code and maybe we can said that these two countries Torrens system is, indeed, the same. By making the counter offer the plaintiff had rejected the original offer on June 8, and is no longer able to accept it later.

After the Company was formed, an agreement was entered into between them under which the Company undertook to pay him one percent of the value of all iron ore sold from the mining land.

The reason behind this belief lies in the fact that the principal is treated as the real contracting party while the agent is looked upon as the means through which the principal contracts.

However, the value need not be adequate, i. Viewed from one standpoint, this requirement seems closely related to the doctrine of estoppel. Generally, the law will only compel a person to carry out his promise if that promise is embodied in a valid contract.

Explain the nature and function of each of Memorandum of Association and Articles of Association. TABLE OF CONTENT CHAPTER TITLE. 2 All ER Kepong Prospecting Ltd & Ors v Schmidt 56 [] 1 MLJ South East Asia Insurance Bhd v Nasir 58 Ibrahim [] 2 MLJ Sia Siew Hong v Lim Gim Chian [] 3 60 MLJ Leong Weng Choon v Consolidated 62 Leasing (M) Sdn Bhd [] 3 MLJ Grounds Of Judgment.

In Scruttons Ltd v Midland Silicones Ltd, it was observed that the principle is that apart from special consideration of agency, trust, assignment or statute, a person not a party to a contract cannot enforce or rely for protection of its provisions.

Kepong Prospecting Ltd & Ors v Schmidt () 1 MLJ • Clause 1 of agreement: The company agreed to pay S 1 percent of all ore that might be won from any land comprised in the agreement in ‘consideration of the services by the consulting engineer for and on behalf of the company PRIOR to its formation, AFTER incorporation.

Kepong Prospecting Ltd v Schmidt [] 1 MLJ 51 EXCEPTIONS TO THE GENERAL RULE THAT A CONTRACT MUST EXIST WITH CONSIDERATION There are 4 exceptions to this general rule. Under this exception, absence of consideration will not make the agreement void.

They are CONTRACTS RELATED TO NATURAL LOVE AND AFFECTION. consideration - law4students + Report. Business Law Assignment Essay Sample.

Contract By definition under Sec 2(h) Contract Act“an agreement enforceable by law is a contract”. A contract is a promise or agreement between two or more parties that is enforced by law to be legally binding.

Kepong prospecting ltd v schmidt
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