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1

Introduction and Elements of a Contract

LEARNING OUTCOMES
By the end of this topic, you should be able to: 1. 2. 3. 4. Identify laws and Acts which govern the formation of a contract in Malaysia; Explain the definition of a contract; Discuss the basic elements in the formation of a contract; and Analyse the legal provisions regarding each element in the formation of a contract.

 INTRODUCTION
In this topic, you will be introduced to the laws which govern the formation of a contract in Malaysia. You should understand the definition of a contract and each basic element in the formation of a contract, which are made up of offer, acceptance, consideration, capacity, intention and certainty. Students will not only find Malaysian Acts and cases applied in the discussions, but also those from England, India and Singapore. These are facts neces sary to support your answers during the examination. With a clear understanding of all the points above, you should be able to complete all the exercises given in this topic.

2

 TOPIC 1

INTRODUCTION AND ELEMENTS OF A CONTRACT

1.1

INTRODUCTION, DEFINITION AND BASIC ELEMENTS OF A CONTRACT

In Malaysia, the Contracts Act 1950 (hereafter referred to as CA 1950) governs the formation of a contract. The Sale of Goods Act 1957 governs contracts for the sale of goods, whereas hire-purchase contracts are governed by the Hire-Purchase Act 1967. Apart from these Acts, students will also study English cases and statutes which are accepted as authority based on the provisions of Sections 3 and 5 of the Civil Laws Act 1956. However, it must be noted that these English laws are only adopted as persuasive authority and does not bind the decisions of the Malaysian courts. Furthermore, the application of English Laws shall only be made if there is a lacunae in the local laws and insofar as it suits the

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