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The Lord of Law Description

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Submitted By stilletto
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NIAT UNTUK MERAWAT HUBUNGAN UNDANG-UNDANG

• Mempunyai 2 anggapan / andaian
1) Perniagaan / perjanjian komersial
2) Keluarga / perjanjian domestik / sosial

1) Perniagaan
- Terdapat satu niat untuk mewujudkan hubungan undang-undang melainkan dinyatakan sebaliknya.
- Contoh: '' A dan B membuat suatu perjanjian kontrak. Apa-apa yang timbul perkara mahkamah boleh campur tangan melainkan pihak kepada kontrak itu meletakkan syarat (apa-apa perkara yang timbul tidak tertakluk kepada bidang kuasa mahkamah itu) ''

KES: ROSE & FRANK v Crompton
- Dua syarikat menandatangani perjanjian kontrak. Salah satu syarikat adalah Di England dan satu lagi adalah di Amerika Syarikat. Perjanjian itu terkandung: 'perjanjian ini tidak tertakluk kepada bidang kuasa undang-undang di mahkamah-mahkamah di England atau Amerika Syarikat "terdapat pelanggaran kontrak.
PEGANGAN: kedua-dua mahkamah mempunyai bidang kuasa untuk campur tangan dengan kes itu.

2) Keluarga
- Tidak ada niat untuk mewujudkan hubungan undang-undang melainkan jika dibuktikan sebaliknya.

KES: Balfour v Balfour (hubungan baik)
- Suami defendan adalah seorang penjawat awam yang bertugas di Ceylon. Apabila dia berada di England beliau janji untuk membayar elaun bulanan isteri sebagai penyelenggaraan. Isteri tidak dapat mengikutinya kerana masalah kesihatan. Suami tidak memenuhi janjinya. Isteri beliau didakwa kerana melanggar janji.
PEGANGAN: dia mendakwa gagal kerana tidak ada niat untuk mewujudkan hubungan undang-undang

KES: MERRIT v MERRIT (HUBUNGAN BAD)
- Defendan meninggalkan rumah peringatan. Rumah itu adalah di bawah nama bersama suami isteri dan tertakluk kepada gadai janji. Suami dan isteri telah berbincang dan suami bersetuju untuk membayar isteri £ 40 sebulan bagi tujuan membayar bayaran gadai janji. Walau bagaimanapun, apabila pembayaran itu selesai suami enggan memindahkan rumah. Perjanjian itu dibuat secara bertulis di atas kertas dan suami menandatanganinya.
PEGANGAN: Ada niat untuk mewujudkan hubungan undang-undang antara pihak-pihak sejak perjanjian itu dibuat secara bertulis. Mahkamah mengarahkan rumah untuk berpindah kepada isteri.

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