id | primary | secondary | tertiary | combine_text | paragraphs |
---|
Acceptance, [4.052]–[4.063]
acceptor’s advantages, [4.119]
characteristics, [4.053]
communication of, [4.069]–[4.086]
completion, [4.077]
conditions unfulfilled despite, [4.075]
deeming, [4.071]
effective, determination, [4.077]
general rule, [4.069]
Malaysia, [4.070]
means, [4.072]
timing, [4.078]
case, [4.079]
unilateral proposals, [4.075]
Contracts Act 1950 s 2(b), [4.052]
mala fide, [4.098]
motive, [4.051]
necessity, [4.052]
postal acceptance, problems, [4.062], [4.063], [4.082]
case example, [4.078]
facts and evidence, [4.083]
limitation of rule, [4.086]
proposal conditions, [4.054]
requirement to make business and economic sense, [4.043]–[4.045]
case example, [4.043]
effect of not making sense, [4.045]
principle, [4.044]
Adat. See Customary law
Advertisements, [4.029]–[4.032]
case applying principles, [4.032]
case illustrating rule, [4.030]
circulars and catalogues, whether offers or, [4.031]
invitations to treat, as, [4.029]
purpose, [4.029]
Agency. See Law of agency
Agreements
breaking, consequences, [3.019]
legal action against defaulter, [3.018]
memoranda of understanding as enforceable agreement, [7.032]
Attorney General
appointment by Yang Di-Pertuan Agong, [2.031]
duties, [2.031]
powers, [2.031]
role, [2.031]
Auctions, [4.033]–[4.036]
definition, [4.033]
invitation to treat or proposal, whether, [4.035]
sale by, definition, [4.034]
Australia
Banker(s)
Business, [18.001]
companies. See Companies
ethics, [1.053]
law and morality, [1.053]
limited liability partnership. See Limited liability partnership
Capacity, [7.035], [7.036], [7.055]
disqualification from contracting, [7.051]
Car park
exemption clause example, [9.001]
Civil Law Act 1956
cut-off date, [3.034]
s 5(2), [3.026]
ss 3(1), 5(1) and (2) construed together, [3.037]
Code of Conduct for Industrial Harmony 1975, [16.068], [16.074]
case example, [16.076]
legal force, [16.075]
redundancy likely, where, [16.077]
retrenchment exercise, [16.080]
Commerce
definition, [21.001]
Common law
Companies. See also Business
definition, [19.005]
framework, [19.014]
incorporation. See Incorporation
law and morality, [1.054]
pre-incorporation contracts. See Preincorporation contracts
promoters. See Promoters
condition, definition, [8.056]
condition breach, [8.056]
remedies, [8.066]
waiver by innocent party, [8.065]
warranty breach, distinguished, [8.057]
contract repudiation, [8.057]
distinguishing between, [8.055], [8.069], [8.071]
breach consequences expressly specified, [8.070]
case example, [8.069]
breach of term going to root of contract, [8.074]
landmark judicial decision, [8.079]
legal not linguistic context, [8.055]
rescission and repudiation, [8.068]
warranty, definition, [8.056]
Conditions precedent
Consensus ad idem, [3.041]
Contracts Act 1950, [3.041]
foundation, [3.043]
mistake, absent where, [11.057]
Consent
definition, [3.046]
importance to Malaysian contract law, [11.003]
no consent means no contract, [3.052]
risk, to. See Voluntary assumption of risk
Consideration. See also Promissory estoppel
adequacy. See Consideration sufficiency
basic element of contract, as, [5.010]
definition
act, abstinence or promise, [5.005]
common law vs statutory definition, [5.006]
Contracts Act 1950, [5.004]
Lush J’s definition, [5.007]
Pollock’s definition, [5.008]
historically, [5.010]
past, [5.015]
requirement case example, [5.009]
rules governing. See Consideration rules
sufficiency. See Consideration sufficiency
Consideration rules, [5.028]
adequacy irrelevant. See Consideration sufficiency
past consideration
sufficiency requirement. See Consideration sufficiency
terms. See Terms of contract
Consideration sufficiency, [5.051]–[5.052]
natural love and affection
case example, [5.057]
conditions for validity, [5.054]
good consideration in Malaysia, [5.053]
near relations only, [5.056]
part payment of debt
common law invalidity, [5.069]
Malaysia, in
case example, [5.072]
promisee forgoing debt without return, [5.071]
statutory waiver, [5.070]
performance of existing duty, [5.062]
contractual duty to promisor, [5.065]
existing contractual duty to third party, [5.068]
“practical benefit”, [5.067]
public duties, [5.063]
requirement, [5.043]
“sufficiency” and “adequacy” of consideration, distinguished, [5.050]
Constitution. See Federal Constitution
Consumer protection
complaints tribunal. See Tribunal for Consumer Claims
consumer, definition, [21.053]
unfair contract terms. See Unfair contract terms
Consumer Protection Act 1999 (CPA 1999)
Pt IIIA (unfair contracts terms), [10.021], [10.039]–[10.048]
consumer contract application only, [10.022]
regulations, [10.038]
s 24B – provisions’ application to all contracts, [10.022]
standard form contracts, application to, [10.023]
“unconscionable, oppressive and harsh” terms undefined, [10.040]
unfair term, definition, [10.024]
unfair terms, application to all, [10.024]
Contract of service, [16.017], [16.018]
bargaining power and, [3.058]
contract for service, distinguishing, [16.019]
definition, [16.016]
judicial comment, [16.019]
minors, [7.042]
probationer. See Probationer
termination. See Termination of contract of employment
terms and conditions. See Employment terms and conditions
wrongful termination, damages for, [13.009]
Contracts. See also Agreements
bargaining power, equality, [3.055], [3.057]
consumer goods contracts, [3.059]
employment contracts, [3.058]
capacity. See Capacity
commercial contract interpretation, [4.011]
communication between parties, testing, [3.044]
consensus ad idem, [3.041]
Contracts Act 1950, [3.041]
foundation, [3.043]
mistake, absent where, [11.057]
consent. See Consent
discharge. See Discharge
employment. See Contract of service
English authorities, rareness of reference/reliance on, [3.027]
English principles, derivation from, [3.040]
exemption clauses. See Exemption clauses
incorporation into contract. See Exemption clauses incorporated into contract
failure, [4.012]
formation. See Formation of contract
free consent. See Consent
goods. See Sale of goods
legal relationship, intention to create. See Intention to create legal relationship
oral contracts. See Oral contracts
partly oral and partly written contracts. See Partly oral and partly written contracts
pre-incorporation contracts. See Preincorporation contracts
pressures, unacceptable, [3.051]
presumption “all agreements are contracts”, [3.045]
remedies. See Remedies for contract
rescission and repudiation, [8.068]
sale of goods. See Sale of goods
standard form, [3.060]
terms. See Terms of contract
written. See Written contracts
Contracts Act 1950
1800s-era principles, [4.123]
burden of proof applicable when proving, [11.033]
exceptional circumstances, [11.035]
civil/criminal standard of proof, [11.033]
consensus ad idem, existence, [3.041]
English contract law, relation to, [3.022]
English precedent, prevalence over, [3.023]
freedom of contract under, [3.039]–[3.066]
criticism of theory, [3.057]
interpretation UK 1872, [3.056]
meaning, [3.055]
Indian Contract Act 1872 as forbear to, [3.055]
presumption “all agreements are contracts”, [3.045]
Contribution. See also Subrogation
Contributory negligence
apportionment of damages, [15.119]
case example, [15.118]
Malaysia, [15.120]
rules, [15.117]
Court system
alternative methods of dispute resolution, [2.085]
Attorney General, [2.031]
contract terms implied by court, [8.094]
terms implied in fact, [8.098]
business efficacy test, [8.100]
tests developed, [8.099]
terms implied in law, [8.105]
terms implied through custom and usage, [8.095]
Court of Appeal, [2.081]
English legal system features retained in Malaysian system, [2.076]
High Courts of Malaya and of Sabah and Sarawak, [2.082]
independent judiciary, [2.027], [2.029]
challenge to, [2.028]
constitutional measures to ensure, [2.030]
judicial appointments, [2.030]
judicial decisions as sources of law. See Judicial decisions
judiciary subject to executive-dominated legislature, [2.028]
overview, [2.026]
reformation of administration of justice, [2.084]
Special Court, [2.080]
structure, [2.077]
subordinate courts, [2.083]
CPA 1999. See Consumer Protection Act 1999 (CPA 1999)
“Crimes against humanity”, [1.024]
Customary law, [2.004]
adat, [2.004]
constitutional recognition, [2.073]
contemporary waning of influence, [2.074]
ethnocentric application, [2.073]
Damage(s), [13.001]
assessment difficulty no bar to claims, [13.005]
assessment time, [13.006]
definition, [13.001]
entitlement, [13.011]
multiple causation, [15.093]
negligence claim element, [15.089]
nominal damages, [13.003]
novus actus interveniens, [15.108]
break in chain of causation, [15.109]
concept explained, [15.112]
punitive or exemplary, [13.004]
real use, [13.002]
remoteness of, [13.012], [15.098]
non-recoverable loss circumstances, [13.013]
settled law in Malaysia, [15.102]
tort, in. See Damages in tort
wrongful termination of service, [13.009]
Damages in tort, [15.133]–[15.142]
common form, [15.133]
continuing trespass to land and continuing nuisance, [15.138]
defendant must take claimant as he finds him, [15.142]
judicial comment, [15.136]
no hard and fast rule, [15.137]
plaintiff’s impecuniosity, [15.141]
public interest, [15.136]
second claim, [15.135]
Death
Definitions. See Words and phrases
Discharge
agreement to discharge, nature of, [12.007]–[12.011]
key element, [12.008]
proof of intention to substitute old obligations with new, [12.009]
breach, by. See Discharge by breach
circumstances for, [12.011]
frustration
novation, variation and rescission, [12.011]
performance, by. See Discharge by performance
Discharge by breach
breach claims under Contracts Act 1950 s 40, [12.054]
Discharge by performance
duty to perform, [12.013]
beginning, [12.016]
binding nature of promises, [12.015]
contract terms and obligations, fulfilment, [12.012]
English law approach, [12.014]
exception, [12.019]
personal performance, [12.017]
refused or disabled from, [12.021]
partial performance consequences, [12.038]–[12.043]
judicial comment, [12.039]
principle of entire contract, [12.040]
progressive payments, [12.043]
quantum meruit claim, [12.042]
Disclaimers. See Exemption clauses
Duty of care. See also Negligence
banks, of. See Bank’s duties of care
breach. See Duty of care breach
criteria for, [15.018]
developments, [15.013]–[15.017]
Australian approach, [15.017]
categories, analysis/creation, [15.013]
contractor/subcontractor and employer, [15.015]
Malaysia, [15.035]
exceptions, [15.051]
harm caused by third party, [15.055]
harshness of rule, [15.051]
judicial comment, [15.049]
undertaking a task, [15.052]
overview, [15.009]
Duty of care breach, [15.058]
factors taken into account in considering, [15.068]
harm to plaintiff
Economic loss. See Pure economic loss
Employee-employer relationship
employee’s express/implied obligations to employer, [16.092]
probationer. See Probationer
workers’ rights, [17.062]
Employment
contract. See Contract of service; Termination of contract of employment
Employment terms and conditions, [16.002], [16.005]
border-straddling estate, [16.015]
exemption or exclusion by Minister, [16.014]
more favourable terms permitted, [16.007]
other than statutory provisions, [16.009]
English law. See also United Kingdom
application in settlements, [2.007]
reception in Malaysia, [14.002]
Evidence Act 1950
Exclusion clauses. See Exemption clauses
Exemption clauses
car park example, [9.001]
classification, [9.005]–[9.009]
examples, [9.007]
weakness, [9.009]
exemption clauses and disclaimers, distinguished, [9.005]
examples, [9.008]
weakness, [9.009]
construction rules, [9.040]
case examples, [9.044]
meaning, [9.043]
definition, [9.048]
example, [9.047]
liability exclusion via exemption clause, [9.049]
contract, incorporation into. See Exemption clauses incorporated into contract
Exemption clauses incorporated into contract, [9.012]
receipt-centred case examples, [9.031]
notification of other party before/during contracting, [9.033]
reasonably sufficient notice of clause to be given, [9.036]
Federal Constitution. See also Federation of Malaysia; Legal system in Malaysia
amendment methods, [2.035]
checks and balances, [2.023]
customs recognised as law, [2.073]
Islam not defined as law in Constitution, [2.066]
Islam’s special status under Constitution, [2.067]
judicial independence, [2.030]
laws limited by, [2.034]
legal system framework, [2.033]
legislative and executive powers, division, [2.017]
Malayan Constitution as origin of, [2.015]
separation of powers, [2.024]
written constitution, [2.018]
Federation of Malaysia. See also Federal Constitution; Legal system in Malaysia
constitutional monarchy, [2.020]
courts. See Court system
executive government, [2.025]
federal government, [2.016]
Islam as religion of, [2.022]
Majlis Raja-Raja (Conference of Rulers), [2.021]
Parliament. See Parliament
tripartite legislative body, [2.019]
Westminster style, [2.018]
Financial Services Act 2013
Formation of contract
acceptance. See Acceptance
invitation to treat. See Invitation to treat
proposal. See Proposal
sale of goods. See Sale of goods
connivance, interpretation, [11.017]
Contracts Act 1950 s 17, [11.005], [11.010]–[11.025]
catch-all provision (s 17(d)), [11.023]
features, [11.009]
other legislation, under, [11.025]
definition, [11.005]
exception to exemption clauses incorporated into contract by signature, [9.019]
case example, [9.022]
fraudulent misrepresentation, [9.020]
judicial comment, [9.021]
“induce…to enter into the contract”, [11.016]
inference, [11.018]
intention to induce, [11.014]
legislation other than Contracts Act 1950, under, [11.025]
mental element, [11.011]
parties to fraud, [11.010]
specific performance remedy, [11.008]
supposition/conjecture insufficient, [11.012]
Incapacity. See Capacity
Injunctions
cause of action, not, [13.045]
conditions precedent, [13.043]
equitable principles, [13.044]
Insurable interest
definition
pecuniary valuation capability, [23.009]
insurance practices’ time for requiring interest, [23.028]
law development, [23.017]
Marine Insurance Act 1745, [23.018]
Insurance
doctrine of proximate cause. See Insurance and doctrine of proximate cause
insurer’s breach of utmost good faith, [23.083]–[23.102]
case laws, [23.086]
consumer-friendly laws, [23.101]
prudent insurer, [23.093]
substantive law, [23.085]
misrepresentation. See Misrepresentation in insurance
Muslims, unacceptability to. See Insurance form unacceptable to Muslims
takaful. See Takaful
Insurance and doctrine of proximate cause
approach, [23.109]
Insurance form unacceptable to Muslims
riba (usury or interest), [24.007]
Intention to create legal relationship
businesses, agreement between, [7.006]
capacity. See Capacity
closely proximate relationship, [7.010]
memoranda of understanding, [7.032]
objective test, [7.031]
presumption, [7.022]
rebuttal, [7.023]
public policy, [7.029]
uncertainty as contrary evidence, [7.034]
common law use, [7.005]
family members, agreement between, [7.006]
memoranda of understanding as enforceable agreement, [7.032]
words used to negate intention, [7.028]
Interest. See Insurable interest
Islamic law
application in Malaysian legal system, [2.066]–[2.072]
administration of Islam, [2.068]
conflicts between civil and Islamic law, [2.071]
Islam not defined as law in Constitution, [2.066]
Islam’s special status under Constitution, [2.067]
insurance. See Takaful
morality and law intertwined, [1.052]
Yang Di-Pertuan Agong as Head of Islam (own State, Penang and Melaka), [2.022]
Judicial decisions
hierarchy of court decisions, [2.058]
lower courts’ attempts to depart from higher courts’ decisions, [2.059]
judges’ principal functions, [2.050]
like cases treated alike, [2.051]
precedent doctrine, [2.051]
obiter dicta, [2.053]
ratio decidendi
determination difficulty, [2.055]
judges not indicating what constitutes, [2.054]
requirements for effective function, [2.052]
traditional view, [2.062]
Justice and law, [1.055]–[1.061]
Aristotle, [1.057]
distributive justice, [1.057]
law’s achievement of, problems, [1.058]
substantive law illustration of application, [1.059]
justice, origins of concepts, [1.057]
legal system and social order, [1.056]
relationship, [1.055]
social context, [1.060]
Law
evolving nature, [1.004]
natural. See Natural law
operation not in vacuum, [1.005]
sources. See Sources of law
variation of notions of, [1.002]
viewpoints, various, [1.003]
Law of agency
agent, definition, [14.005]
agent’s duties to principal, [14.037]
creation of agency, [14.016], [14.017]
express appointment, [14.018]
necessity, [14.029]
authority in emergency, [14.031]
case example, [14.030]
criteria, [14.029]
estate agency, [14.041]
governing law, [14.001]
principal, definition, [14.005]
principal’s duties to agent, [14.038]
termination of agency, [14.039]
types of agents, [14.015]
Law personnel
English legal system features retained in Malaysian system, [2.076]
governing bodies, [2.086]
Legal Aid Bureau, [2.087]
human law separated from natural law, [1.027]
Legal system in Malaysia
British legacy, [2.003]
common law. See Common law
Constitution. See Federal Constitution
courts. See Court system
English legal system features retained, [2.076]
federal government. See Federation of Malaysia
framework established by Constitution, [2.033]
history, [2.003], [2.014]
adat (customary) law, [2.004]
amalgamation of Malay States and Straits Settlements, [2.011]
British attitudes and policies mingling, [2.009]
complications, [2.008]
English law application to settlements, [2.007]
Federation of Malaya creation, [2.011]
independence, movement towards, [2.012]
Malaysia, formation, [2.013]
Sultanate of Malacca, [2.005]
Legislation
complexity and volume, [2.040]
executive law making, [2.046]
legislative authority in Malaysia, [2.038]
Parliament. See Parliament
Westminster model, [2.038]
Limited liability partnership. See also Business
accounts and other records, [20.019]
advantages and disadvantages, [20.006]
annual declaration, [20.018]
Companies Commission of Malaysia, [20.014]
formation, [20.007]
professional practice, [20.008]
Malaysia. See Federation of Malaysia
Marine insurance
Marine Insurance Act 1745, [23.018]
Mental disorder
capacity to contract of persons of unsound mind, [7.045]
caution, critical thought and evaluation, [7.048]
revocation of proposal due to proposer’s mental disorder, [4.109]
Minimum retirement age
aged nation status of Malaysia, [16.166]
Employee Provident Fund’s 2011 statistics, [16.167]
Minimum Retirement Age Act 2012, [16.163]
before enactment, [16.162]
inapplicability, [16.168]
retirement, definition, [16.164]
Minister of Human Resources, [16.178]
optional retirement, [16.177]
retirement age clause, [16.169]
Minors
Misconduct
definition, [16.092]
Misrepresentation
defeating case, [11.048]
exception to exemption clauses incorporated into contract by signature
case example, [9.022]
fraudulent misrepresentation, [9.020]
judicial comment, [9.021]
insurance. See Misrepresentation in insurance
what constitutes, [11.037]
insurer’s disclosure duty, [23.059]
Mistake, [11.053], [11.054]
consensus ad idem absent, [11.057]
error in judgment/opinion, distinguished, [11.058]
innocent misrepresentation, [11.052]
mistake caused by one party is no mistake, [11.062]
Morality and law
business ethics, [1.053]
cases exemplifying debate between private morality and state intervention (US), [1.041]
convergence/divergence of values, [1.035]
corporate affairs, [1.054]
harm principle, [1.037]
homosexuality (Malaysia), [1.044]
Islamic law, [1.052]
liberal utilitarianism, [1.037]
Malaysia, [1.051]
abortion, [1.045]
corporate affairs, [1.054]
ethical conduct in business, [1.053]
homosexuality, [1.044]
Islamic law, [1.052]
Mill, JS, [1.037]
relationship, [1.035]
societal mores, variation, [1.043]
societal value changes prompting legal changes (UK), [1.040]
United States, [1.041]
Murder
natural law, [1.014]
Natural justice, [16.097], [16.101], [16.109], [16.113]–[16.116]
conventional justice, distinguished, [1.011]
Natural law, [1.009]–[1.026]
Aquinas, Thomas, [1.015]
“crimes against humanity”, [1.024]
decline, [1.023]
definition by Cicero, [1.013]
development as legal concept and philosophy, [1.017]
God and, [1.013]
higher universal law and laws of man, [1.025]
international justice and human rights, [1.026]
legal positivism. See Legal positivism
Locke, [1.019]
main assertion of proponents, [1.010]
meaning, evolution, [1.009]
Montesquieu, [1.020]
murder, [1.014]
natural and conventional justice, distinguished, [1.011]
natural rights violations, tool against, [1.018]
Locke, [1.019]
Montesquieu, [1.020]
Rousseau, [1.021]
political will expression, [1.022]
revolutions and, [1.022]
Rousseau, [1.021]
tyrants’ laws contrary to divine law, [1.016]
World War II, after, [1.024]
Negligence
definition, [15.005]
duty of care. See Duty of care
English law, [15.006]
establishing, [15.007]
history, [15.006]
unfairness of contract term excluding liability, [10.045]
Non est factum
exception to exemption clauses incorporated into contract by signature, [9.024]–[9.026]
case example, [9.025]
application of principles/law, [9.026]
history, [9.024]
meaning, [9.024]
scope of doctrine, [9.025]
Offer. See Proposal
Oral contracts
evidence of, sufficiency, [3.010]
issue resolution steps. See Oral/partly oral contract term issue resolution steps
partly oral and partly written contracts. See Partly oral and partly written contracts
Oral/partly oral contract term issue resolution steps, [8.036], [8.057]
rescission and repudiation, [8.068]
Parliament
bicameral, [2.019]
first meeting of first session, [2.039]
parliamentary supremacy nonapplication, [2.034]
power to make laws, [2.041]
statutory provisions, [2.042]
tripartite legislative body, part of, [2.019]
Parol evidence rule
common law, in, [8.006]–[8.010]
entire agreement clause, [8.009]
exceptions, [8.010]
extrinsic evidence, [8.006]
oral evidence, [8.006]
parol evidence “presumption”, [8.007]
strict adherence slowly changing, [8.008]
definition, [8.006]
Partly oral and partly written contracts
issue resolution steps. See Oral/partly oral contract term issue resolution steps
Partnership. See also Business
advantages and disadvantages, [18.013]
definition, [18.006]
dissolution or termination, [18.033]
legal persona, [18.012]
limited liability. See Limited liability partnership
Past consideration
common law, [5.031]
Positivism. See Legal positivism
Precedent doctrine, [2.051]
obiter dicta, [2.053]
requirements for effective function, [2.052]
Probationer
claims against dismissal without just cause or excuse, [16.161]
meaning, [16.151]
status, [16.158]
suitability, [16.159]
termination of service, [16.160]
warning, [16.158]
Procedural unfairness
negotiation stage, unfairness during, [10.026]
substantive unfairness, resulting in, [10.027]
Promissory estoppel. See also Consideration
Australia
1980s arrival and early use, [6.024]
parties’ pre-existing contractual relationship requirement obviated, [6.027]
“shield” not “sword” requirement overturned, [6.026]
evolution and usefulness, [6.047], [6.048]
limits stretched, [6.017]
Promoters, [19.015], [19.016]
fiduciary duties, [19.017]
Proposal
communication of, [4.046]–[4.051]
acceptance motive, [4.051]
case example, [4.049]
effect, [4.048]
means of communication, [4.046]
Contracts Act 1950 s 2(a), [4.014]
expression, [4.015]
intention to create binding agreement, [4.018]
knowledge requirement, [4.016]
offer and, interchangeable use of terms, [4.015]
requirement to make business and economic sense, [4.043]–[4.045]
case example, [4.043]
effect of not making sense, [4.045]
principle, [4.044]
revocation. See Proposal revocation
statement as invitation to treat, [4.019]
statement to be expression, [4.015]
willingness to contract, [4.017]
Proposal revocation, [4.087]
death or mental disorder of proposer, [4.109]
agent proposer, [4.110]
knowledge of proposee, [4.109]
obligations only proposer can fulfil included, [4.111]
forms, [4.090]
mala fide, [4.098]
statutory provision, [4.089]
telegrams, [4.101]
Proximate cause doctrine. See Insurance and doctrine of proximate cause
Pure economic loss
case example, [15.044]
Ratification
agency creation by
conditions for ratification, [14.028]
consequence of ratification, [14.025]
case example, [14.027]
methods, [14.023]
principal’s options for ratification, [14.024]
definition, [14.022]
Registered companies, [19.008]
companies limited by guarantee, [19.010]
companies limited by shares, [19.009]
unlimited companies, [19.011]
Remedies for contract
damages. See Damage(s)
Rescission
effect, [13.055]
judicial comment, [13.052]
principles, [13.054]
rescission for breach and ab initio, distinguished, [13.053]
voidable contract, [13.056]
Revocation
acceptance, of, [4.117]
acceptor’s advantages, [4.119]
communication, [4.118]
Contracts Act 1950 s 3, [4.121]
environment for judicial creativity, [4.122]
general rule, [4.099]
postal acceptance, [4.120]
proposal, of. See Proposal revocation
Risk. See Voluntary assumption of risk
SAC. See Shariah Advisory Council (SAC)
Sale of goods
consumer protection. See Consumer protection
Sale of Goods Act 1957
applicability, [21.002]
Shariah Advisory Council (SAC)
permissible takaful interest resolution before Islamic Financial Services Act 2013, [24.012]
Singapore
consumer, definition, [10.011]
Social theory and law
Durkheim, Emile, [1.063]
Engels, Friedrich, [1.064]
overview, [1.062]
Weber, Max, [1.063]
Sound mind
definition, [7.045]
evidence requirement, [7.047]
unsound mind contracting while sound, [7.050]
Sources of law
Specific performance
case example, [13.037]
equitable principles applicable, [13.038]
origins, [13.038]
overview, [13.036]
preconditions, [13.039]
refusal circumstances, [13.040]
Subrogation. See also Contribution
Substantive unfairness, [10.031]
“harsh”, “oppressive” and “unconscionable” terms undefined, [10.032]
procedural unfairness and, under CPA 1999, [10.025]
procedural unfairness resulting in, [10.027]
Takaful
insurance unacceptability for Muslims
riba (usury or interest), [24.007]
nominees, [2.018]]
permissible takaful interest, [24.011]
SAC resolution before Islamic Financial Services Act 2013, [24.012]
Takaful
and utmost good faith doctrine
breach of utmost good faith in takaful
legal consequences, [24.039]
Termination of contract of employment
contract for specified period of time/work performance, [16.052]
contract for unspecified period of time, [16.052]
employer’s qualified right to terminate, [16.057]
different category or grade, [16.089]
managerial powers exercised bona fide, [16.056]
reasons for termination by employer, [16.053]
retirement age. See Minimum retirement age
retrenchment, [16.060], [16.080]
employer’s right, [16.058]
spurious use, [16.059]
unavoidable, measures where, [16.078]
“union busting”, [16.059]
Terms of contract
determination by court, [4.005]
express terms, [8.082]
implied terms, [8.083]–[8.087]
case example, [8.086]
common law courts, [8.084]
conditions to be satisfied for, [8.084]
terms implied by court, [8.094]
terms implied in law, [8.105]
statutes commonly used, [8.089]
oral contracts. See Oral contracts
partly oral and partly written contracts. See Partly oral and partly written contracts
unfair. See Unfair contract terms
written contracts. See Written contracts
Trade unions
dissolution, [17.089]
elections, conduct, [17.097]
employment terms and conditions, [16.043]
general meetings, conduct, [17.097]
membership
public sector union membership
recognition, [17.103]
registration, [17.076]–[17.078]
application, [17.079]
consequences, [17.088]
failure, consequences, [17.088]
similarity of industries
Director General of Trade Unions, decision by, [17.034]
types
workers’ rights, [17.062]
Treat. See Invitation to treat
Tribunal for Consumer Claims
CPA 1999 s 104, [10.042]
establishment purpose, [10.043]
jurisdiction, [10.041], [10.042]
exclusive jurisdiction over consumer contracts, [10.044]
parties’ choice of venue, [10.042]
purposive approach, [10.043]
unfairness of contract term excluding liability for negligence, [10.045]
Unfair contract terms, [10.004]
burden of proof, [10.034]
common law jurisdictions, in, [10.004]–[10.012]
consumer, variable definition, [10.011]
Hong Kong, [10.007]
effect, [10.035]
United States
abortion, [1.041]
Unsound mind
capacity to contract of persons of unsound mind, [7.045]
caution, critical thought and evaluation, [7.048]
revocation of proposal due to proposer’s mental disorder, [4.109]
Vitiating factors
Voluntary assumption of risk, [15.124], [15.128]
Caparo applied, [15.130]
knowledge of risk of injury insufficient, [15.126]
Malaysia, [15.131]
successful use of defence, [15.129]
volenti non fit injuria, [15.125]
Wages
deductions from, [16.004]
payment. See Wages payment
priority over other debts, [16.004]
wage period, meaning, [16.118]
Wages payment, [16.004]
non-wages payments, [16.136]
normal termination, [16.119]
Warranties. See Conditions and warranties
Words and phrases
agent, [14.005]
agreement, [3.016]
auction, [4.033]
commerce, [21.001]
company, [19.005]
competence, [3.066]
condition, [8.056]
consent, [3.046]
consumer, [10.011]
consumer contract, [10.009]
contract of service, [16.016]
damages, [13.001]
fraud, [11.005]
fundamental breach, [9.048]
genuine pre-estimate, [13.029]
invitation to treat, [4.024]
law defined by Austin, [1.029]
negligence, [15.005]
offer, [4.014]
omission, [15.048]
parol evidence rule, [8.006]
partnership, [18.006]
principal, [14.005]
ratification, [14.022]
retirement, [16.164]
sale by auction, [4.034]
sole proprietorship, [18.004]
sound mind, [7.045]
unfair term, [10.024]
wage period, meaning, [16.118]
warranty, [8.056]