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The contract is voidable at the option of the party whose c

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norhalida elly

on 11 September 2013

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Transcript of The contract is voidable at the option of the party whose c

BUSINESS LAW
LAW 3235
MADAM AZZA ISMA MOIDEEN

IMAN NADHEERA AMANI BT MOHD SHAH
(DBF 121059)
NORHALIDA BINTI MUSA
(DMS121070)
SITI NURADILA BT MOHD SALEH
(DMS 121057)

The contract is voidable at the option of the party whose consent was so caused [Section 19 (1) of the Contracts Act 1950]

Section 16 of the Contracts Act 1950
In jurisprudence, "undue influence" is happend when one person taking advantage of a position to dominate the will of the other person and uses that position ( influence action ) to obtain and unfair advantage over the other.

WHO ARE THE PERSON CAN INVOLVES ON THIS CASE?
Parent vs Child [Illustration (a)]
Doctor vs Patient
Moneylander vs The borrower [Illustration (b)]
Banker vs Client (Based on fact)


Case: Kesarmal s/o Letchman Das v. Valiappa Chettiar
A transfer of property which was made under the order of the Sultan issued in the ominous presence of two Japanese officers during the Japanese occupation of Malaya, was had to be not valid. This is because that the consent given was not free and therefore, the transfer became voidable at the will of the party whose consent was so caused.

Section 15 of the Contract Act 1950
Committing, or threatening to commit any act forbidden by the Penal Code, or the unlawful detaining or threatening to details, any property,
Eg. Causing grievous hurt, kidnapping, criminal force and assault, rape, culpable homicide, murder, extortion.

The defendant have to provide proof that the plaintiff was in a position to dominate his will and thus obtained an unfair advantage by using the said position.


EFFECT OF FRAUD
CASE: DERRY V PEEK
Henry William Peek
Plantiff
Investor on this company
Sued by William Derry
William Derry
Defendants
Director of the company
FRAUD
Section 17 of the Contracts Act provides for the definition of ‘fraud
knowingly,
 or without belief in its truth,
or recklessly, not caring whether it is true or false

EFFECT OF UNDUE INFLUENCE
The contract is voidable at the option of the party whose consent was so caused [Section 20 of the Contracts Act 1950]

COERCION
Effect of coercion
UNDUE INFLUENCE
Case : Malaysians French Bank Bhd.v. Abdullah bin Mohd Yusof & Ors
The contract is voidable at the option of the party whose consent was so caused [Section 19(1) of the Contracts Act 1950]
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