EV406 Contract and Estimation Jan-Apr 2019 Semester

Group Project Title

Q1. Offer and Acceptance is an essential element of forming a valid contract. In

order to create a valid contract, there must be a 'lawful offer' by one party and
'lawful acceptance' of the same by the other party.

Discuss and analyse the above statement from the aspect of “Offer and
Acceptance” with references to the followings:
(a) Section 4,7 and others relevant section (where applicable) of Contract Act
1950.
(b) References and application of followings case law:
PHARMACEUTICAL SOCIETY OF GREAT BRITIAN v BOOTS CASH
CHEMIST LTD [1953]
CARLILL v CARBOLIC SMOKEBALL CO LTD [1893]
LOW KAR YIT & ORS v MOHAMED ISA & ANOR [1963]
Tan Geok Khoon & Geradd Francis Robless v. Paya Terubong Estate Sdn Bhd
[1988]2 MLJ 672
FRASER v EVERETT [1889]
(Group 1,6, 9 & 13)

Q2. Capacity of the Parties to Contract is an essential element of forming a valid

contract. We also aware that “Not all people are completely free to enter or
have capacity into a valid contract”.
Discuss and analyse the above statement from the aspect of “Capacity of the
Parties to Contract” with references to the followings:
(a) Section 2 and others relevant section (where applicable) of Contract Act
1950.
(b) References and application of followings case law:
MOHORI BIBEE v DHARMODAS GHOSE [1903]
TAN HEE JUAN v THE BOON KEAT [1934]
NASH v. INMAN [1908] 2 K5
GOVERNMENT MALAYSIA v GUCHARAN SINGH
(Group 3,7,10 & 16)
Q3. Intention to Create Legal Relation is one of the essential element constitute a
valid contract. It is not an agreement that create a binding contract but it just a
nearly agreement only. There are two presumptions to determine the intention;
• Business agreements
• Social, Domestics or family agreements

Discuss and analyse the above statement from the aspect of “Intention to
Create Legal Relation ” with references to the followings:
(a) Section 2 and others relevant section (where applicable) of Contract Act
1950.
(b) References and application of followings case law:
CHOO TIONG HIN & ORS v CHOO HOCK SWEE [1931]

PHIONG KHON v CHONH CHAI FAH [1931]

YAP ENG THONG & ANOR v FABER UNION LTD [1973]
GUHA MAJUMDER v DONOUGH [1974]
Clarke and Tucker v Tucker (1961) 4 W.I.R. 44
(Group 4, 8, 11 & 12)

Q4. Certainty is one of the essential element constitute a valid contract.

According to Section 30 of Contract Act 1950, where The Meaning is Not
Certain, It Is Void and The Contract Was Vague, Unclear And Confusing

Discuss and analyse the above statement from the aspect of “Certainty ” with
references to the followings:
(a) Section 30 of Contract Act 1950.
(b) References and application of followings case law:
KARUPPAN CHETTY v SUAH TIAN (1916) 1 F.M.S.L.R. 300
Kolandaisamy v Annamalai & The Harbour Trade Union (Selangor)
Port Swettenham [ 1968] 1 MLJ
PALIANAPPA CHETTIAR v ARUNASALAM CHETTIAR

(Group 2, 5,14 & 15)