LAW436 Law of Contract I Assignment Answer Malaysia
LAW436 Law of Contract I in Malaysia explores the general principles of contract law with a focus on the formation, interpretation, and enforcement of contracts. The course will cover basic concepts such as offer, acceptance, consideration, intention to create legal relations, mistake, misrepresentation, duress, and unconscionable dealing. Particular attention will be paid to the writings requirement under the Contracts Act 1950 and the common law rules of offer and acceptance.
The course will also examine the doctrines of the privity of contract and third-party rights. Students will have the opportunity to apply their knowledge through problem-based learning exercises. LAW436 is taught by experienced practitioner academics who are also research active. The assessment for this course includes both examinations and coursework. Upon completion of this course, students will have a sound understanding of contract law in Malaysia and be able to apply their knowledge to a variety of commercial situations.
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Assignment Task 1: Identify the basic elements of the contract.
When entering into a contract in Malaysia, there are certain basic elements that must be present in order for the contract to be valid and enforceable.
- First, there must be an offer by one party and an acceptance by the other party. The offer must be definite and clear, and the acceptance must be unequivocal.
- Second, there must be a consideration, which is something of value given by each party to the other in exchange for their agreement to the contract.
- Third, the parties must have the intention to create a legally binding agreement.
- Finally, the contract must be in writing and signed by both parties. If these basic elements are not present, then the contract will not be valid and cannot be enforced by Malaysian courts.
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Assignment Task 2: Apply the relevant legal rules and principles to resolve contractual issues.
The relevant legal rules and principles to resolve contractual issues are contract formation, contract interpretation, performance, and breach of contract.
Contract formation requires an offer, acceptance, and consideration. The offer must be clear and definite, the acceptance must be unequivocal, and the consideration must be something of value given by each party to the other in exchange for their agreement to the contract.
Contract interpretation is the process of determining what the parties to a contract intended by their agreement. The court will look at the language of the contract and the context in which it was made to determine the parties’ intent.
Performance is the carrying out of the terms of a contract. Each party to a contract must perform its obligations under the contract. If one party fails to perform, they may be in breach of contract.
Breach of contract is the failure to perform one’s obligations under a contract. If a party breaches a contract, the other party may sue for damages.
These are the relevant legal rules and principles to resolve contractual issues. Apply them to your specific situation to determine what your rights and obligations are.
Assignment Task 3: Evaluate the legal rules and principles relating to contracts.
The legal rules and principles relating to contracts are important for understanding and interpreting Malaysian contract law. These rules and principles include Offer and Acceptance, Consideration, Intention to Create Legal Relations, Mistake, Misrepresentation, Duress, Unconscionable Dealing, and Privity of Contract.
Each of these rules and principles has a different impact on the formation, interpretation, and enforcement of contracts in Malaysia. For example, the rule of offer and acceptance requires that there be a clear and definite offer made by one party and an unequivocal acceptance by the other party in order for a contract to be formed. The principle of consideration requires that each party must give something of value to the other in exchange for their agreement to the contract.
The legal rules and principles relating to contracts are complex, and it is important for students to understand how they work in order to correctly apply them to specific situations.
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