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Case Study Of James And Bond Law

Decent Essays

Based on the case study of James and Bond, the contract is being determined whether it is a valid contract between both parties. A contract is a legally binding agreement between people. It involves two or more people deal in an agreement to complete certain things under section 2(h) of the Malaysian Contracts Act. There are six elements to determine the validity of the contract. The six elements included are offer, acceptance, consideration, capacity, intention to create legal relation, and certainty. An offer refers to the contract shows a promise and the willingness people enter into a bargain. The offeror is offering on a certain term and the invitation accepts by offeree (Corbin Arthur, 1917). Besides, acceptance is based on the performance of the willingness offeree invited to be bound by a term of a contract. Once the offeree have the intention and accepted on the terms of contract, communication must be made by the offeree on his acceptance to the offeror (lawschoolhelp.com and Craig A. Smith, 2015). For example, Ali accepts an offer of employment and he agree to work based on the wages offered after communicated with the company. Next, an exchange promise contract is known as consideration. It concerned on bargain contract which benefits of suffers by both offeror and offeree. There must be something value terms in the consideration such as in the case of Thomas v Thomas (1842) which is the desire of John Thomas’s wife to have the house or 100 pounds after his death (e-law resource). Other than that, capacity defined that all parties must be qualified in a binding contract. The parties must be at …show more content…

On 3rd March 2014, James wrote a letter that offering Bond a yacht for RM 1 million. The case study has showed the willingness of James to make a proposal to Bond and Bond accepts the offer. It has stated in section 2 (a) CA 1950 which also known as a ‘proposal’ in a binding contract made to

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