Law - Contract

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[pic] LAW 101 Business Law Assignment I Tran Ngoc Trung E0900057 Tutor: Nguyen Vu Hoang Convenor: Harkiranpal Singh Semester 2 September 2009 Intake Table of Content: Table of Content: 2 The first Case: 2 1. Issue: 2 2. Rules – Laws: 2 3. Application/Analysis/Argument 4 4. Conclusion: 5 The Second Case: 5 1. Issue: Is there physical impossible? 5 2. Rules – Laws 5 3. Application/Analysis/ Argument 8 4. Conclusion: 8 References: 9 The first Case: Menon v Nair 1. Issue: - Is there physical impossible? 2. Rules – Laws: • Section I of the American Law Institute’s Restatement (2d) of Contracts defines a contract “as a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty” [1] • Contract to do act afterwards becoming impossible or unlawful - Krell v Henry [1903] 2 KB 740 [2] and according to Article 2 of Section 57 in Act 136 – Contract Act 1950: “A contract to do an act which, after the contract is made, becomes impossible, or by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful”. or Yee Seng Plantations Sdn. Bhd. V Kerajaan Negeri Terengganu & Ors[2000]3 C.L.J. 666 [3] • Section 66 Obligation of person who has received advantage under void agreement, or contract that becomes void: “When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under the agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received it.” • Section 74 (1) Compensation for loss or damage caused by breach of contract “When a contract has been broken, the party who suffers by
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