Introduction to Business Law LAW30105 by Ambika S T Singam https://padlet.com/ambika0707/tutorial1 Malaysian Legal System en-us 2017-01-11 02:25:29 UTC 2017-03-23 08:50:44 UTC hello@padlet.com https://padletuploads.blob.core.windows.net/prod/162512764/143936dfa23fa4e86a222ba7c5a56bc8/20160317_111005.jpg https://padlet.com/ambika0707/tutorial1/wish/161699029 le kuai le]]> 2017-03-22 02:30:16 UTC https://padlet.com/ambika0707/tutorial1/wish/161699029 Satu) undue influence https://padlet.com/ambika0707/tutorial1/wish/161699092 Dua) coercion 
Tiga) voidable
Empat)freee consent]]> 2017-03-22 02:31:08 UTC https://padlet.com/ambika0707/tutorial1/wish/161699092 (Uncle Ajwar) dd_fakerz https://padlet.com/ambika0707/tutorial1/wish/161699175 1.Voidable Contract 
2.Free Consent 
3.Coercion
4.Undue Influence
5.Advantage to one party only 
-position to dominate
-Mental capacity
6.Voidable contract
7.Misrepresentation
8.
9.Misrepresentation :
 
Fraud:
has the intention to induced a party to a contract

]]> 2017-03-22 02:32:13 UTC https://padlet.com/ambika0707/tutorial1/wish/161699175 Week 9 https://padlet.com/ambika0707/tutorial1/wish/161699253 2017-03-22 02:33:03 UTC https://padlet.com/ambika0707/tutorial1/wish/161699253 https://padlet.com/ambika0707/tutorial1/wish/161699301 2017-03-22 02:33:28 UTC https://padlet.com/ambika0707/tutorial1/wish/161699301 isabellelianne21 https://padlet.com/ambika0707/tutorial1/wish/161699347 2017-03-22 02:34:00 UTC https://padlet.com/ambika0707/tutorial1/wish/161699347 okay https://padlet.com/ambika0707/tutorial1/wish/161699366 2017-03-22 02:34:09 UTC https://padlet.com/ambika0707/tutorial1/wish/161699366 https://padlet.com/ambika0707/tutorial1/wish/161699406 2017-03-22 02:34:37 UTC https://padlet.com/ambika0707/tutorial1/wish/161699406 Shalom dd_fakerz https://padlet.com/ambika0707/tutorial1/wish/161699943 1.True 
2.False
3.True
4.False
5.False
6.False
7.False
8.True

]]> 2017-03-22 02:40:51 UTC https://padlet.com/ambika0707/tutorial1/wish/161699943 https://padlet.com/ambika0707/tutorial1/wish/161699974 True
False
True 
False
False
False
False
True]]> 2017-03-22 02:41:12 UTC https://padlet.com/ambika0707/tutorial1/wish/161699974 https://padlet.com/ambika0707/tutorial1/wish/161700075 2017-03-22 02:42:28 UTC https://padlet.com/ambika0707/tutorial1/wish/161700075 Tutorial 9, Nic ong https://padlet.com/ambika0707/tutorial1/wish/161998115 Task 2) 
1. voidable
2. free consent
3. coercion
4. undue influence
5. relationship between parties,
  one party must be stronger,
  obvious unfair advantage to                     the stronger party.
6. voidable
7.misrepresentation
8. a) There must be a false representation, either through a positive statement or some conduct
b) The representation must be one of fact, not a mere expression of opinion
9. fraud - had intention to      deceive
misrep - no intention to deceive  
10. 

]]> 2017-03-23 00:52:03 UTC https://padlet.com/ambika0707/tutorial1/wish/161998115 aqmal: https://padlet.com/ambika0707/tutorial1/wish/161998165 task 2:
1. voidable contracts
2. free consent
3. coercion
4. undue influence
5. Relationship(blood/fiduciary), the influence over the other's will,  the advantage over the other party 
6.voidable contract
7.Misrepresentation
8. There must be a false representation and it must be of fact and not opinion, no intention to deceive
9. Misrepresentation statement is either  innocent or negligent, fraud is a statement made false with intention.
 10. The contract was void as both parties was in mistake and did not know the subject of the contract was not valid. The plaintiff was therefore entitiled to recover on the basis that the contract was void as it lacked subject matter.


Task 3: 
true
false
true
false
false
false
false
true]]> 2017-03-23 00:52:39 UTC https://padlet.com/ambika0707/tutorial1/wish/161998165 prevena https://padlet.com/ambika0707/tutorial1/wish/161998257 1.voidable
2.free consent
3.coercion
4.undue influence
5. fiducary or blood relationship, mental capacity is permenant or temporary by reason of age , illness,
6.voidable
7.misrepresentation
8. there must be a false representation, either through a positive statement or some conduct. the representation must be one of fact, not a expression of opinion..
9.
10.the contract is void
 Task 3
1. true
2. false
3. true
4. false
5.false
6.false
7. true
8. true]]> 2017-03-23 00:53:24 UTC https://padlet.com/ambika0707/tutorial1/wish/161998257 Calvin https://padlet.com/ambika0707/tutorial1/wish/161998304 Task 2
1.voidable 
2.free consent
3.coercion
4. undue influence 
5. fiduciary / blood relationship
6. voidable
7. misrepresentation
8.
a) There must be a false representation, either through a positive statement or some conduct

b) The representation must be one of fact, not a mere expression of opinion

9.
10.

Task 3 
True
False
True 
False
False
False
False
True
]]> 2017-03-23 00:54:00 UTC https://padlet.com/ambika0707/tutorial1/wish/161998304 Harith https://padlet.com/ambika0707/tutorial1/wish/161998306 Task 2:
1.Voidable
2.free consent
3.coercion
4.undue influence
5.fiduciary or blood relationship, stronger position over the other who may be affected by age or etc ,obvious unfair advantage over the weaker party
6.Voidable
7.misrepresentation
8. -false statement
    -no intention to deceive
9. there is no intention to deceive in misrepresentation  but there is intention to deceive in fraud.
10.the contract was void as both parties was in mistake and didn't know that the subject of the contract is valid.

Task 3
1.T
2.F
3.T
4.F
5.F
6.F
7.T
8.T

]]> 2017-03-23 00:54:04 UTC https://padlet.com/ambika0707/tutorial1/wish/161998306 Erica https://padlet.com/ambika0707/tutorial1/wish/161998324 1. Voidable
2. Free consent
3. Coercion
4. Undue influence
5.  ]]> 2017-03-23 00:54:16 UTC https://padlet.com/ambika0707/tutorial1/wish/161998324 NICOLE nicoletham9 https://padlet.com/ambika0707/tutorial1/wish/161998338 Task 2:
1. Voidable 
2. Free consent 
3. Coercion 
4.undue influence 
5. Fiduciary or blood relationship, advantage of one party, mental capacity is permanent or temporarily affected by illness, age and etc. 
6. Voidable 
7.misrepresentation 
8. There must be a false representation, either through a positive statement or some conduct. Next, must be one fact ,not a mere expression of opinion. 
9. Misrepresentation: false statement made by representor and which such false representation induces the other party to enter into a contract. 
Fraud:includes any following acts committed by a party to a contract ,or with his connivance or by his agent ,with the intent to decieve another party thereto or his agent or to induce him to enter into contract. 



]]> 2017-03-23 00:54:24 UTC https://padlet.com/ambika0707/tutorial1/wish/161998338 Task 2 jeremyjiasheng_low https://padlet.com/ambika0707/tutorial1/wish/161998411 1. Voidable
9.Free consent
3.coercion
4.undue influence
5.fiducuary/ blood relatioship
6.voidable
7. fraud
8. giving false statements., no intention to deceive
9. misrepresentation does not have intention to defraud the other arty
fraud committed to deceive another party to induce him to enter into contract
10.STRICKLAND V. TURNER. 
The plaintiff was therefore entitled to recover on the basis that the contract was void as it lacked subject matter. The consideration had totally failed


]]> 2017-03-23 00:55:04 UTC https://padlet.com/ambika0707/tutorial1/wish/161998411 Umarova https://padlet.com/ambika0707/tutorial1/wish/161998428 Task 2:
1.voidable
2.free consent
3.coercion
4.undue influence
5.a) one party has stronger position 
B) one party wants to obtain an unfair advantage over the other
C) fiducary or blood relations
6.voidable
7.misrep
8.a)there must be a false representation either through a positive statement or some conduct
B) must be one of fact, not a mere expression of opinion
9. If person that has been fraud wants to rescind the contract, he wants proof that there is fraud in the contract been made. In misrep, the person making the rep, he believes to be true. No intention to make fraud
10. The contract is void, the subject matter of the contract. 



Task 3:
1. T
2. F
3. T
4. T
5. F
6. F
7. F
8. T]]> 2017-03-23 00:55:16 UTC https://padlet.com/ambika0707/tutorial1/wish/161998428 Helen chiayingqi https://padlet.com/ambika0707/tutorial1/wish/161998572 1) Voidable 
2) free consent 
3) coercion 
4) undue influence 
5) fiduciary or blood relationship, obvious unfair advantage over another 
6) voidable 
7) misrepresentation
8) false statement, no intention to deceive
9) Fraud is false statement with intention to deceive, misrepresentation is false statement with intention to deceive. 
10) STRICKLAND V. TURNER. 
The plaintiff was therefore entitled to recover on the basis that the contract was void as it lacked subject matter. The consideration had totally failed\
Task 3 
True 
false 
true 
false 
false
false 
false 
True
 
]]> 2017-03-23 00:56:41 UTC https://padlet.com/ambika0707/tutorial1/wish/161998572 Farah https://padlet.com/ambika0707/tutorial1/wish/161998596 Task 2:- 
1) voidable
2) consent
3) coercion
4) undue influence
5)(i)One party is stronger than another (mental capacity, age, and position)
(ii) when the stronger party has obtained an unfair advantage 
(iii) fiduciary relationship between both parties
6) voidable
7) misrepresentation
8) one of the elements in misrepresentation is there must be a false representation either through a positive statement or some conduct. Next element is the representation must be one of fact, not a mere expression of opinion.
9) the difference between misrepresentation and fraud is misrepresentation does not have intention to defraud the other party whereas fraud is committed to deceive another party to induce him to enter into a contract.
10) the contract is void as there is a mistake occured between both parties

Task 3:-
1) true
2) false
3) true
4) false
5) false
6) false
7) true
8) true

Task 1:-
 The issue is to conclude whether Skywalker is able to terminate the contract. 
Under Section 10 Contract Acts 1950, all agreements are contracts if they are made by the free consent of parties  competent to contract, for a lawful object, its not declared as void. In addition, Section 14 Contract Acts 1950 also states that consent is said to be free when it is not caused by coercion, undue influence, misrepresentation and mistake. Fraud is defined under Section 17 Contract Acts 1950 as an action that includes any of the following acts committed by a party to a contract or with his connivance, or by his agent, with the intent to deceive another party thereto or his agent, or to induce him to enter into a contract. A contract made under fraud is void and if the party that has been fraud wants to rescind the contract, he must prove that there is fraud in the contract been made. Whereas for misrepresentation, it is a false statement made by the representer and which such false representation induces the other party to enter into a contract. In misrepresentation, the party making the representation, he believes to be true and has no intention to make fraud. One of the elements of misrepresentation is the representation must induce the misled party to enter into a contract. Supported by the case of Peek v Gurney where the Appellant claims to rescind the contract because he claims that the company prospectus is deceiving. The court held that the Appellant's claim was not binding as he bought the company's share from former shareholder and the company prospectus is directed to new applications to buy shares from the company. Applied to Skywalker's case, Anakin did not have an intention to defraud Skywalker as he invited Anakin to visit the house beforehand and Skywalker immediately agreed on purchasing the property. In conclusion, Skywalker could not rescind the contract. 
]]> 2017-03-23 00:56:55 UTC https://padlet.com/ambika0707/tutorial1/wish/161998596 Zah https://padlet.com/ambika0707/tutorial1/wish/161998662 Task 2
1. Voidable
2. Free consent
3. coercion
4. Undue influence
5. - There must be a relationship between the parties. Whether by blood or fiduciary relarionship
-one party must be stronger than the other party in order to dominate other party by the reason of age, mental capacity and position.
- one party has obtained an unfair advantage
6. voidable
7. misrepresentation
8. In misrepresentation there must be a false statement, either through positive  statement or some conduct. The representation must be one of fact, not a mere expression of opinion. 
9. Fraud is a false statement with intention to deceive the other party, whereas for misrepresentation is a false statement with no intention to deceive the other party. 
10. It was held that the contract is void because both parties entered an agreement under a mistake.
Task 3
1. True
2. False
3. True
4. False
5. True
6. False
7. True
8. True
Task 1
In order to advise Skywalker, the issue is whether Skywalker is able to rescind the contract. According to Section 10 Contracts Act 1950, any agreements are contracts only if they are made with the free consent of parties competent to contract, for a lawful consideration and with a lawful object and therefore it is not announced as void. Contractual relationship is based on free consent of the parties involved. The consent must be given freely and voluntarily by the parties involved.

            In accordance with Section 7 Contracts Act 1950, fraud includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with the intent to deceive another party thereto or his agent, or to induce him to enter into contract A contract made under fraud is voidable contract. If person that has been fraud wants to rescind the contract, he must proof that there is fraud in the contract been made.

            Other than that, there could be misrepresentation in the contract. Misrepresentation is a false statement made by the representor and which such false representation induces the other party to enter into a contract. In misrepresentation, the person making the representation, he believes to be true.  Therefore, he has no intention to make fraud. Under Section 18 (a), the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true.

            In conclusion, based on the case of Peek v Gurney. Appellant claims the company prospectus is deceiving. He claims to rescind the contract. It was held that the claim was rejected. The appellant bought the company’s share from former shareholder. The company prospectus is directed to new applications to buy shares from the company. In the case of Skywalker, it may seem as a fraud but it is actually misrepresentation because Anakin had no intention to deceive Skywalker as he was given an opportunity to visit the house. Therefore, his claim will be rejected. 




]]> 2017-03-23 00:57:36 UTC https://padlet.com/ambika0707/tutorial1/wish/161998662 Alex https://padlet.com/ambika0707/tutorial1/wish/161999075 Task 2
1.Voidable
2. free consent
3. coersion
4. undue influence
5.
6.a voidable
7. fraud
8.
9.
10.
Task 3
1. True
2. False
3. True
4. False
5. False
6. False
7. True
8. True]]> 2017-03-23 01:00:50 UTC https://padlet.com/ambika0707/tutorial1/wish/161999075 https://padlet.com/ambika0707/tutorial1/wish/161999205 2017-03-23 01:02:03 UTC https://padlet.com/ambika0707/tutorial1/wish/161999205 hi https://padlet.com/ambika0707/tutorial1/wish/161999245 bye

]]> 2017-03-23 01:02:24 UTC https://padlet.com/ambika0707/tutorial1/wish/161999245 Joaane, Sher Ling https://padlet.com/ambika0707/tutorial1/wish/162019578 1.Voidable
2.free consent
3.coersion
4.undue influence
5.-relationship(blood, fiduciary)
-take advantages over other party
-mental pressure
6.voidable
7.misrepresentation
8.one party to a contract make a false statement
must be relate to a past or present fact
9.fraud means a willful misrepresentation while misrepresentation means a bonafide representation which is false.
10.]]> 2017-03-23 04:38:31 UTC https://padlet.com/ambika0707/tutorial1/wish/162019578 Stefany https://padlet.com/ambika0707/tutorial1/wish/162019670 Task 2
1. voidable
2. free consent
3. coercion
4. undue influence
5. -existence of influence by proof
-existence of trusry beneficiary relationship 
- party's mental capacity is temporarily or permanently affected
6.voidable
7. misrepresentation
8. false representation, either through a positive statement of some conduct. Representation must be one of fact not a mere expression of opinion.
9. Fraude includes any of the following acts commited by a party to a contract, or with his connivance, or by his agent, with the intent to deceive another party there to or his agent, or to induce him to enter into contract. Misrepresentation is a false statement made by the representation induces the other party to enter into a contract.
10.The contract is void, the subject matter of opinion.

task 3
1.True
2. False
3. True
4. False
5. False
6.False
7.False
8.True


]]> 2017-03-23 04:39:37 UTC https://padlet.com/ambika0707/tutorial1/wish/162019670 Bernard https://padlet.com/ambika0707/tutorial1/wish/162019769 Task 2.
1. Voidable
2. Free consent 
3. Coercion
4. Undue influence
5. Relationship between parties.
Moral & mental pressure.
Stronger party has obtained unfair advantage.
6. Voidable
7. Misrepresentation. 
8. There must be a false representation.
The representation must be one of fact.
9. Misrepresentation has no intention to defraud while fraud has the intention to defraud.
10. The contract was void as the subject matter it was made on did not exist.

Task 3.
1. True 
2. False 
3. False 
4. False 
5. False 
6. False
7. False 
8. True




]]> 2017-03-23 04:40:34 UTC https://padlet.com/ambika0707/tutorial1/wish/162019769 Alvin https://padlet.com/ambika0707/tutorial1/wish/162019920 Task2
1.voidable 
2.free consent 
3.coersion
4.undue influence
5.relationship between the parties
one party must be stronger 
the stronger party has obtained unfair 
advantage
6.voidable
7.fraud
8.there must be a false representation,either through a positive statement or some product. The representation must be one of fact, not a mere expression of opinion
9.fraud has intention to defraud while misrepresentation has no intention to defraud
10.the contract is void , the subject matter of the contract
 Task3
1.true
2.false
3.false
4.false
5.false
6.false
7.false
8.true


]]> 2017-03-23 04:42:34 UTC https://padlet.com/ambika0707/tutorial1/wish/162019920 Winqi https://padlet.com/ambika0707/tutorial1/wish/162019925 Task 2 
1. Voidable
2. free consent
3. coercion
4. Undue influence
5. - either fiduciary or blood relationship between the parties
-  The stronger party has obtained an unfair influence
-  Party's mental capacity is temporarily or permanently affected 
6. voidable 
7. misrepresentation
8. ]]> 2017-03-23 04:42:37 UTC https://padlet.com/ambika0707/tutorial1/wish/162019925 Miao: JongChing https://padlet.com/ambika0707/tutorial1/wish/162019926 Task2
1. Voidable
2. Free Consent
3.Coercion
4.Undue Influence
5.-One parties holds authority over the other
-One party stands in a fiduciary relation to the other
-One party whose mental capacity is temporary or permanent affected by age illness or mental pressure.
6.Voidable 
7.Misrepresentation 
8.Must be false, and it must be a fact.
9.Misreprentation is statement made by innocent but fraud is a false statement made with intention.
10.Because both of the parties make the mistake so the contract consider as void 
Task3
1. True
2.False
3.True
4.False
5.False
6.False 
7.False 
8.True

]]> 2017-03-23 04:42:37 UTC https://padlet.com/ambika0707/tutorial1/wish/162019926 Batrisyia syainulbatrisyia https://padlet.com/ambika0707/tutorial1/wish/162020591 Task 2

1. Voidable
2. free consent
3. coercion
4. undue influence
5. (mental capacity, having advantage over one party, having a fiduciary or blood relationship)
6. voidable
7. Misrepesentating
8. Fraud’ means a willful misrepresentation while ‘Misrepresentation’ means a bonafide representation which is false. 


Task 3
1.      True
2.      False
3.      True
4.      False
5.      False
6.      False
7.      True
8.      True

]]> 2017-03-23 04:52:00 UTC https://padlet.com/ambika0707/tutorial1/wish/162020591