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Contract
An agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are:
Offer
Acceptance Competent persons Consideration Mutuality of obligation.
Warranty
Damages
An award, typically of money, to be paid to a person as compensation for
loss or injury. The rules for damages can and frequently do vary based on the type of claim which is presented and the jurisdiction.
Damages can be classified into : - General Damages - Special Damages - Nominal Damages - Substantial Damages - Exemplary Damages
Repudiation
Act, intention, or threat of disowning or rejection of an agreement
already accepted or agreed to. Repudiation amounts to a breach of contract where the refusal to perform is clear or patent, and where it
ISSUE
I want to bake two hundred cake at a time.. But!!! Where I can buy it??
Hey jamal.. U can buy it from me.. It can reach a temperature of at least 2,000F. And Im selling it to you..
OK then Halim.. I will buy it from u.. Thank you for selling me a good product..
I try to bake the cake.. But the oven never reach the requisite temperature.
I am very angry and I will filed a suit against Halim and claiming for Repudiation of the contract and Damages. I am sure I will win the case!!!!!
Malaysian Laws:
Section
Section
Section
or disabled himself from performing, his promise in its entirety, the promise may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance.
APPLICATION OF LAW
JAMAL HAD EXPRESSLY MADE KNOWN BEFORE
THE OVEN DID NOT REACH THE REQUISITE TEMPERATURE WHICH IS 2000-F
Section 74(3) Contracts Act 1950
Jamal
also have a right to receive compensation from Halim because of the damages of the oven and his business. Jamal is the person injured by Halims failure to fulfill the condition of the contract.
Jamal has the right to repudiate the contract and receive the compensation of his damages from Halim. Jamal can filed a suit against Halim claim about the repudiation of the contract and damages.
Conclusion
Jamal as the innocent party have a right to terminate a contract. Halim cannot fulfill his obligation in the contract. So, Jamal can repudiate the
kind which the law will not presume in the innocent partys (plaintiffs) favour,
but which must be specifically pleaded and proved at the trial or arbitration
hearing.
In this case, Jamal loss in his money and he lost his profit because of that
situation.
As the conclusion of this case, Jamal can filed a suit against Halim claiming
about the repudiation of the contract and the damages that he sustained because of the breach of the contract.