Tuto chapter 2 PDF

Preview

Summary

TUTORIAL CHAPTER 2Redhwan promised his eldest daughter, Diana, that he would transfer one of his land lots to her. He made his promise in writing and went to the land office to register the said transfer. A few years later, Diana was married and decided to build a house on the land promised by Red H...

Description

TUTORIAL CHAPTER 2 Redhwan promised his eldest daughter, Diana, that he would transfer one of his land lots to her. He made his promise in writing and went to the land office to register the said transfer. A few years later, Diana was married and decided to build a house on the land promised by Red Hwan to her. She requested the possession of the said land but Red Hwan refused to hand over the possession of the land to Diana, as he did not like Diana's husband. Diana comes to see you and she wants to know whether the promise is enforceable since she did not provide any consideration to her father. She also wanted to know whether they are any remedies available for her. Advise Diana. (25 marks) The first issue in this case is whether there is a consideration between Redhwan and Diana. Section 2(a) of the contract Act 1950, when one person signifies to another to his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said make the proposal. Consideration is an element of exchange contract or the price paid for a promise. According to section 2(d) of the contract Act 1950 when at the desire of the promisor, the promise or any other person has done or abstained from doing, or does, or abstains from doing, or promises to do abstain from doing something, such act or abstinence or promise is called a consideration for the promise. Based on rule 3 consideration need not come from the promise. Section 26(a) of the contract Act 1950 when an agreement without consideration is void, unless it is expressed in writing and registered, and is made on account of natural love and affection between parties standing in a near relation to each other. This part is the nature of love and affection between the parties who have a close relationship and are in agreement. This can be seen in Re Tan Soh Sim case. Before Tan Soh Sim dead because of his illness, he expressed that his estate be divided to his adopted children. The court held that, although Chinese adopted children that relative to the adopted parents and brother, they can be regarded being in near relation to the uncles and aunts of the adoptive mother. There is no consideration in this case. Applying to the law of contract in this situation, by virtue of section 2(a), Redhwan already made an promise to Diana to transfer on of his land to her. Applying section 26(a) and

case Re Tan Soh, the promise that made by Redhwan and Diana are made in writing forms and went to the land office to register the said transfer. In conclusion, there is no consideration between Redhwan and Diana but the promises is enforceable although Diana did not provide consideration to her father. The second issue in this case is whether there is any remedies that available for Diana. Section 11(2) of the specific Relief Act 1950 stated that unless and until the contract is proved, the court shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money, and that the breach of a contract to transfer movable property can be thus relieved. It meant that, when there is a breach of the contract to transfer immovable property cannot adequately relieved by compensation in money. These can be seen in Zaibun Sa Binte Syed Ahmad v Loh Koon Moy & Anor case. In this case the plaintiff contracted to sell to B certain pieces of Land adjacent to some Land which B was carrying out of mining operation. Then, A refused to continue the contract with the B and B sued A in specific performance. The land is important to B because it is use in association for tin mining operations, and compensation by way of money i.e. damages that B would not afford adequate relief. The court refused to grant specific performances and grant damages to the B Applying the section 11(2), Diana requested the possession of the land after she get married. However, Redhwan refuse to hand over the possession of the land to Diana because Redhwan did not like Diana’s Husband. In conclusion, there is no remedies available in specific performance for Diana....