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Law of contract - Coggle Diagram
Law of contract
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Minor
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3 exception to the rule
Contract for necessaries. incapable of entering into a contract .minor need the contract and the person can reimbursed from that person. gov of Malaysia vs gurcharan singh.Sect 69 of the CA,gov of Malaysia can claim from gurcharan bcs the contract is valid
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Person of sound mind how to identify, capable of understanding it and forming a rational judgement as to its effect upon his interest
5)Certainty
Terms and contract clear, precise
Agreement, the meaning of which is not certain, or capable of being made certain are void
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1)Proposal
When 1 person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal.
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Example of offer and acceptance
Proposal= promise
Promisor=person who made the proposal
Promisee= person who accepted the proposal
Invitation to treat
3 elements
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Advertisement case: Coelho vs The public services commission, Harris vs Nickerson
Auctioneer's invitation for bids def made highest bid but withdrew it bfr the fall of the hammer, meaning no contract between the parties. case: payne v cave(1789) 3 term rep 148
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2)Acceptance
When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted: a proposal, when accepted, becomes a promise
Acceptance
-must be absolute and unqualified
-must be expressed in some usual and reasonable manner(method of acceptance)
-must be communicated
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