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Business Law Assignment

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7.Apakah itu penerimaan di bawah seksyen di bawah seksyen 7 Akta Kontrak 1950.
Di bawah Seksyen 7 Akta Kontrak , untuk menjadikan sesuatu cadangan itu sebagai janji,maka penerimaan itu mestilah mutlak dan tidak bersyarat.Selain itu ,penerimaan haruslah dinyatakan secara biasa dan munasabah melainkan jika cadangan itu menetapkan cara penerimaan.Penerimaan juga perlu dibuat dalam masa yang munasabah sekiranya tiada jangka masa tertentu yang ditetapkan.
8.Apakah maksud balasan di bawah seksyen 2(d) Akta Kontrak 1950.
Menurut Seksyen 2(d) Akta Kontrak 1950 maksud balasan adalah perbuatan atau penahanan diri atau janji oleh penerima janji atau sesiapa sahaja mengikut kehendak pembuat janji .Balasan adalah perkara yang menjadi bahan kontrak iaitu suatu tukaran dalam sesuatu kontrak.Balasan perlu ada daripada dua-dua belah pihak yang berkontrak.
9.Terangkan 3 jenis balasan.
Balasan terbahagi kepada tiga iaitu balasan eksekutori,balasan tersempurna dan balasan lampau. i) Balasan eksekutori ialah balasan bagi janji yang dibuat sebagai balasan kepada janji lain.Balasan ini melibatkan kontrak 2 pihak iaitu apabila satu pihak membuat tawaran diikuti dengan penerimaan oleh satu pihak yang lain dan diikuti dengan pelaksanaan balasan oleh kedua-dua pihak. ii) Balasan tersempurna pula merupakan janji yang dibuat untuk membalas sesuatu yang dilakukan.Balasan ini bersifat sehala kerana tawaran akan dibuka kepada umum diikuti dengan penunaian syarat sebagai penerimaan tawaran dan balasan sekali gus.Ini bermakna , balasan yang dijanjikan itu hanya diberikan apabila satu pihak lain menyelesaikan penunaian syarat yang menjadi balasan bagi pihaknya. iii) Balasan lampau bermaksud balasan yang dibuat sebelum janji dilakukan.Ini bermakna janji dibuat untuk membalas perbuatan yang telah dilakukan itu.

10.Sebutkan perbezaan-perbezaan antara balasan di bawah Akta Kontrak 1950 dan Undang-Undang Inggeris.
i.Penerima janji
Di bawah Akta Kontrak 1950 , penerima janji atau sesiapa sahaja yang telah membuat atau menahan dari membuat sesuatu disebut balasan ,manakala menurut Undang-Undang Inggeris ,balasan hanya datang dari penerima janji dan bukannya dari orang lain. ii.Balasan lampau
Menurut seksyen 2(d) Akta Kontrak ,balasan yang sah hanya datang dalam bentuk balasan lampau,manakala menurut Undang-Undang Inggeris balasan lampau adalah tidak bernilai dan tidak boleh mewujudkan kontrak yang sah.

iii.Pembayaran Hutang
Di bawah Akta Kontrak ,satu kelonggaran telah diberikan di mana pembayaran sebahagian hutang boleh melangsaikan keseluruhan hutang.Namun prinsip pembayaran sebahagian hutang ini tidak diiktiraf di bawah Undang-Undang Inggeris sebagai satu cara yang boleh melangsaikan keseluruhan hutang.
11.Terangkan keberpadanan balasan.
Setiap balasan seharusnya cukup dan berpadanan dengan janji yang dibuat.Sekiranya balasan tidak sepadan dengan janji ,ia akan menjadi satu isu yang peru dipertimbangankan dengan sewajarnya.Dan menurut Akta Kontrak ,balasan perlulah mencukupi walaupun ia tidak berpadanan.
12.Isi penting dari seksyen 26 Akta Kontrak 1950
i.Perjanjian tanpa balasan sah apabila memenuhi syarat yang ditetapkan iaitu perjanjian mestilah dibuat secara bertulis dan perlu didaftarkan menurut undang-undang pada masa itu serta dibuat berdasarkan kasih sayang semula jadi antara pihak-pihak yang ada hubungan karib antara satu sama lain. ii.atau, satu janji yang dibuat untuk memampaskan sesuatu yang telah dibuat iii.atau, sesuatu janji untuk membayar hutang yang dihalang oleh hadmasa
13. Keupayaan Berkontrak di bawah seksyen 11 akta Kontrak 1950.
Setiap orang layak membuat kontrak sekiranya telah mencapai usia 18 tahun atau dewasa mengikut undang-undang yang ia tertakluk ,dan berakal sempurna serta tidak hilang kelayakan untuk membuat kontrak menurut mana-mana undang-undang yang ia tertakluk

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