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Element of a contract - Coggle Diagram

- - - - Section 4(2) of Contracts Act provides that the acceptance is complete as against the offeror when it is put in the course of transmission to him.
      - Case: Adams v Lidsell (1818)
- - - - It is when a person promise to do something in return for his promise the other party promises to do something.
      - Section 24 CA 1950
      - Case: K.Murugesu v Nadarajah
      - Is promise in return for a promise
    - - Is a promise for an act
      - When act is performed in return to a promise
      - It is when the other party performs the act as required by promisor.
      - Case: Carlill V Carbolic Smoke Ball Co (1893)
  - - - Section 26 explanation 2
        
        An agreement to which the consent of the promisor is not void merely because the consideration is inadequate, but the inadequacy will be questioned by the court whether the consent of the promisor is freely given.
      - It must be sufficient
      - Case: Phang Swee Kim v Beh I Hock(1964)
    - - The act or forbearance may be done by the promisee himself or any other person on his behalf. In other words, consideration may be given by the promisee or any other person on his (promisee's) behalf.
      - Case: Venkata Chinnaya v Verikata Ma'ya (1881)
    - - Section 64 CA 1950:
        
        "Every promise may dispense with or remit, wholly or in part, the performance of the promise made to him, or may extend the time for such performance, or may accept instead of it any satisfaction which he thinks fit".
      - General rule is that payment of a smaller sum is a satisfaction of an obligation to pay a larger sum.
    - - i. English Law
        
        Past consideration is not a good consideration.
        
        Case: Pinnel' s Case (1602)
      - ii. Malaysian Law
        
        Past consideration is a good consideration.
        
        Case: Pan Ah Ba & Anor v Nanyang Construction Sdn Bhd (1969)
  - - - Section 26(b)
        
        Condition
        
        Promisee did the act voluntarily
        
        The promisor promises to give something to the promisee because the promises have done something voluntarily before the promise was made
    - - Section 26(b)
        
        The promisee has voluntarily done an act
        
        The act was an act the promisor was bound/ compelled to do
        
        It must be to compensate, wholly/partly the promisee for the act-
    - - Section 26(a)
        
        The agreement must fill the following condition such as made in writing, registered and made due to natural love & affection between parties standing in near relation to each other.
        
        Case: Re Tan Soh Sim (1951)
    - - Section 26(c)
        
        Although a debt cannot be recovered because of the statute-barred, it can be recovered if there is a fresh promise by the debtor to pay or the promise is made writing and signed.