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FREE CONSENT

shandiya95 English

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FREE CONSENT

  1. COERCION

    • 1.Commit, threaten to commit any forbidden by Penal Code 2. Unlawfully detaining or threaten to detain any property
    • CASES : Chin Nam Bee Development Sdn Bhd v Tai Kim Choo & 4 Ors
  2. UNDUE INFLUENCE

    • a) Undue influence & proof of dominant position
      • require proof of
        • 1. Dominant position
        • 2. Unfair advantage
        • 3. Contract was entered because of the influence
    • b) Undue influence & presumed dominant position
      • i. He/she possess real or apparent authority over the other party cases : Salwath Haneem v Hadjee Abdullah
      • ii. Fiduciary relationship between the two parties cases: Datuk Joginder Singh & Ors v Tara Rajaratnam
      • Contract with whose mental capacity is affected cases : Chait Singh v Budin bin Abdullah
      • i. Person alleging
        • Yes undue influence 1. Real/apparent authority 2. Fiduciary relationship 3. Mental capacity is affected
        • No undue influence 1. No real/apparent authority 2. No fuduciary relationship 3. No mental illness
  3. FRAUD

    • 1. Suggesting not true fact by person who does not believe it to be true
    • 2. Active concealment fact by person who knows about the fact
    • 3. Promise without any intention performing it
    • 4. Any act fitted to deceive
    • 5. Any act that law declares as fraudulent
    • Include fraudulent misrepresentation cases : Weber v Brown
    • Party alleging fraud : Prove :
      • Act constitutes fraud
      • Intention to deceive
      • Entered contract because of fraud
  4. Misinterpretation

    • 1. Positive assertion of fact
    • 2. Breach of duty w/out intenion to deceive
    • 3. causing another person to make mistake as subject to agreement
  5. Mistake

    • 1. s.21- Mistake of both parties about facts cases : Raffles v Wichellaus
    • 2. s.22 - Mistake of law : contract cannot be avoided
    • 3. unilateral mistake cases : The Golf Cheque Book Sdn Bd & Anor v Nilai Springs Bhd

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free consent Hema (179060) Shandiya (179815)
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shandiya95
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