Section 64 Contract Act 1950

When a person at whose option a contract is voidable rescinds it the other party thereto need not perform any promise therein contained in which he is promiser.

Section 64 contract act 1950. The case regarding section 64 of contracts act 1950 is associated pan malaysia cement sdn bhd v syarikat teknikal kejuruteraan sdn bhd 1990. According to section 10 1 of the contract act 1950 the parties to the contract are those who have the legal competency to contract. In the indian contract act we have in section 64 the consequences of rescission of a voidable contract and in section 65 the obligation of persons who have received advantage under a void agreement or a contract that became void. Element would be the capacity to contract.

Section 24 illustration k shows an example of immoral contract. In this case the judge summarise that malaysian law is departed from common law because we follow indian law on the general principles of waiver where the defendant is not liable if he settles the debt with a lesser amount and the plaintiff accept it. Section 64 of indian contract act 1872. Section 64 in the indian contract act 1872 64.

Consequences of rescission of voidable contract 64. We can refer to the case of mohori bibee v dharmodas ghose in 1903. It can be illustrated in the case of kerpa singh v bariam singh 1966 the debtor s son offered to give a cheque of rm4000 as full payment in order to discharge his father from a debt of rm 8650. Of contingent contracts section 32.

Section 11 of the contract act 1950 comes in three conditions of a person to sign a contract first age of majority. Legislation from this website is not a copy of the gazette printed by the government printer percetakan nasional malaysia berhad for the purposes of section 61 of the interpretation acts 1948 and 1967 act 388 and does not constitute prima facie evidence of the contents of the gazette by virtue of the section. Promisee may dispense with or remit performance of promise 65. Effect of novation rescission and alteration of contract 64.

Not a copy of the gazette printed by the government printer percetakan nasional malaysia berhad for the purposes of section 61 of the interpretation acts 1948 and 1967 act 388. 1950 2mlj505 relied upon. Consequences of rescission of a voidable contract when a person at whose option a contract is voidable rescinds it the other party thereto need not perform any promise therein contained in which he is the promisor. An act relating to contracts.

Section 24 illustration f shows an example of against public policy. Under the contract act 1950 section 24 e any contract which its consideration or object is regarded as immoral or opposed to public policy is void under the law. Act 136 contracts act 1950. Contracts act 1950 act 136 table of contents.