AKTA KONTRAK 1950 AKTA 136 PDF

Akta Kontrak , Akta ;: Akta Kontrak (Pindaan) , Akta A ; Akta Kontrak Kerajaan , Akta semua pindaan hingga Julai. found: Akta Kontrak , Akta , t.p. (Akta Kontrak , Akta ) cit. title p. 1 (Akta Kontrak ). found: RLIN, Feb. 8, (Name-title hdg. Get this from a library! Akta kontrak (Akta ) & Akta Kontrak Kerajaan (Akta ): hingga 15hb Ogos [Malaysia.; International Law Book.

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If the pawnor makes default in payment of the debt, orperformance, at the stipulated time, of the promise in respect ofwhich the goods were pledged, the pawnee may bring a suit againstthe pawnor upon the debt or promise, and retain the goods pledgedas a collateral security; or he may sell the thing pledged, on givingthe pawnor reasonable notice of the sale.

Delivery to bailee how made Contracts 41Compensation for loss through non-performance of act knownto be impossible or unlawful 3 Where one person has promised to do something which heknew, or, with reasonable diligence, might have known, and whichthe promisee did not know, to be impossible or unlawful, thepromisor must make compensation to the promisee for any losswhich the promisee sustains through the non-performance aita thepromise. A, without ascertaining the amount, gives to Montrak, and B, insatisfaction thereof, accepts the sum of RM2, C does notsue B for a year after the debt has become payable.

B isentitled to recover from A the cost of making the repairs conform to thecontract. Effect of release of one joint promisor Skill and diligence required from agent Whatever is obtained by way of relief or compensation in anysuch suit shall, as between the bailor and the bailee, be dealt withaccording to their respective interests.

The horse runs away. The factthat A, to the knowledge of C, made the note as surety for B, is no answer to asuit by C against Kata upon the note. As the price is capable of being made certain, there is no uncertainty hereto make the agreement void.

B is entitled to receive fromA, by way of compensation, the sum, if any, by which the contract price fallsshort of the price for which B might have obtained 50 gantangs of saltpetre oflike quality at the time when the saltpetre ought to have been delivered.

If the future event on which a contract is contingent is the wayin which a person will act at an unspecified time, the event shall beconsidered to become impossible when such person does anythingwhich renders it impossible that he should so act within any definitetime, or otherwise than under further contingencies.

In the case of an alternative promise, one branch of which islegal and the other illegal, the legal branch alone can be enforced.

Contracts 49 h A contracts to supply B with a certain quantity of iron at a fixed price,being a higher price than that for which A could procure and deliver the iron. A person who is interested in the payment of money whichanother is bound by law to pay, and who therefore pays it, is entitledto be reimbursed by the other. Amust pay to B, by way of compensation, the difference between the contractprice of the piece of machinery and the sum paid by B for another, but not thesum paid by B to the third person by way of compensation.

Apportionment of relief or compensation obtained by such suits In all cases of bailment the bailee is bound to take as muchcare of the goods bailed to him as a man of ordinary prudence would,under similar circumstances, take of his own goods of the same bulk,quality, and value as the goods bailed. Contracts 51ExceptionWhen any person enters into any bail-bond, recognizance, orother instrument of the same nature, or, under the provisions of any law, orunder the orders of the Federal Government or the Government of any State,gives any bond for the performance of any public duty or act in which the publicare interested, he shall be liable, upon breach of the condition of any suchinstrument, to pay the whole sum mentioned therein.

Here the promise of each party is the consideration forthe promise of the other party.

akta kontrak 1950 (act 136)

Explanation In estimating the loss or damage arising from a breach ofcontract, the means which existed of remedying the inconvenience caused bythe non-performance of the contract must be taken into account. The measure of thecompensation payable to B by A is the difference between the price which Bcould have obtained for the cargo at Singapore, at the time when it would havearrived if forwarded in due course, and its market price at the time when itactually arrived.

As promise to deliver need not be performed, and Bmust make compensation. A pays to B, and B accepts, in satisfaction of thewhole debt, RM2, paid at the time and place at which the RM5, werepayable. The notice cannot beratified by B, so as to be binding on A. Every promisee may dispense with or remit, wholly or in part,the performance of the promise made to him, or may extend the timefor such performance, or may accept instead of it any satisfactionwhich he thinks fit.

Table of contents only Availability: Effect of refusal of party to perform promise wholly C is no longer liable on hisguarantee.

B may sell the provisions at Taiping, if theywill not bear the journey to Parit Buntar without spoiling. In the absence of any contract to the contrary, an agent isentitled to retain goods, papers, and other property, whether movableor immovable, of the principal received by him, until the amount dueto himself for commission, disbursements, and services in respect ofthe same has been paid or accounted for to him.

Akta Kontrak | Open Library

B is liable to make compensation to A for the injury done to thehorse. Bailment, bailor and bailee As between the principal and third persons, any person maybecome an agent; but no person who is not of the age of majority andof sound mind can become an agent, so as to be responsible wkta hisprincipal according to the provisions in that behalf hereincontained. Acceptance by performing conditions, or receiving consideration9. Revocation of AuthorityTermination of agency A is liable to repay to B hisdeposit, with interest, and the expense to which he is put by his detention inKelang, and the excess, if any, of the passage-money paid for the second shipover that agreed upon for the first, but not the sum of money which B lost byarriving in Sydney too late.

A guarantee which extends to a series of transactions is calleda continuing guarantee.

Agents authority in an emergencySub-agents Agents duty in conducting principals business B and C have privately agreed that B should pay fiveringgit per ton beyond the market price, such excess to be applied in liquidationof an old debt.

If it appears from the nature of the case that it was the intentionof the parties to any contract that any promise contained in it shouldbe performed by the promisor himself, such promise must beperformed by the promisor. Agreement in restraint of trade void Rights of surety on payment or performance It lies on B to prove that thecontract was not induced by undue influence. A is informed of the contract between B and C.

Afterwards, B and C contract, without As consent, that Bs salary shall beraised, and that he shall become liable for one-fourth of the losses on overdrafts.

Termination of sub-agents authorityAgents duty to Principal Aita dies, and D takes outprobate to his will. Bankers, factors, wharfingers, advocates and policy brokersmay, in the absence of a contract to the contrary, retain, as a securityfor a general balance of account, any goods bailed to them; but noother persons have a right to retain, as a security for such balance,goods bailed to them, unless there is an express contract to thateffect.

Principal how far bound when agent exceeds authority