Contractual Payment Dispute

Summary

Ahmads case involves two scenarios under the Contracts Act 1950. For the injured person, the promise to pay RM2000 was made after Ahmad rendered assistance, which constitutes past consideration. According to Re McArdle [1951], past consideration is not valid, so Ahmad likely cannot claim the RM2000. In contrast, the managers promise of RM500 for sending his son to the airport involves executed consideration, as the promise was made in return for a specific act completed by Ahmad. This aligns with Lampleigh v Brathwait (1615), where an act performed at the promisors request, followed by a promise of payment, is valid consideration. Therefore, Ahmad can claim the RM500 from his manager. Section 2(b) of the Contracts Act 1950 defines a promises enforceability, emphasizing the necessity of valid consideration.

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One day, while Ahmad was driving his car at night, he noticed that a person was lying at the side of the road. He immediately stopped his car and went to the assistance of that person. He noticed that this person was injured, and he immediately took him to the nearest hospital. After the injured person was given the necessary medical treatment at the hospital, he thanked and promised to pay Ahmad RM2000 for helping him. Now, this person is refusing to pay Ahmad. The next day, Ahmad’s manager told Ahmad to send his son to the airport. After Ahmad had sent the manager’s son to the airport, the manager promised to pay him RM500 for doing so. Now the manager is refusing to pay Ahmad. b) Discuss whether Ahmad can claim payment from both the injured person and his manager. Justify your answer with the help of the related legal provisions in Contracts Act * and relevant case studies.
Let's break this down using the Contracts Act * and relevant case law:
*. Injured Person:
- Legal Principle: For a contract to be valid, there must be consideration from both parties (Section *(d) of the Contracts Act *).
- Past Consideration: Promises made after a service is rendered without prior agreement do not constitute valid consideration (Re McArdle [*]).
- Conclusion: Ahmad likely cannot claim payment as the promise was made after the act.
*. Manager:
- Legal Principle: A promise made in return for a service constitutes valid consideration (Section *(d) of the Contracts Act *).
- Executed Consideration: The promise to pay was made in exchange for a specific act (sending the manager’s son to the airport), which was completed.
- Conclusion: Ahmad can claim the RM500 as the promise was made in exchange for a completed action.
Would you like more detailed information on any of these points?
Yes can i get more details thank you
Certainly! Let's delve deeper into the legal provisions and relevant case law for both situations:
Injured Person:
- Legal Principle: Section *(d) of the Contracts Act *.
- Past Consideration: Defined as a promise made after a service is rendered without prior agreement.
- Case Law: Re McArdle [*] - Past services without prior agreement do not form valid consideration.
- Conclusion: Ahmad likely cannot claim the RM2000 as the promise was made after the assistance was rendered, making it past consideration.
Manager:
- Legal Principle: Section *(d) of the Contracts Act *.
- Executed Consideration: A promise made in return for a specific act.
- Case Law: Lampleigh v Brathwait (*) - When an act is done on the request of the promisor, followed by a promise of payment, it can be considered valid consideration.
- Conclusion: Ahmad can claim the RM500 as the promise was made in return for a completed act, making it valid consideration.
Would you need any further clarification on these points?
a) Explain THREE (*) situations where even if there is no consideration, there will still be a contract.
Here are three situations where a contract can exist even without consideration under the Contracts Act *:
*. Natural Love and Affection (Section *(a)):
- Agreement made out of natural love and affection between close relatives.
- Must be in writing and registered.
*. Compensation for Past Voluntary Services (Section *(b)):
- A promise to compensate someone who has voluntarily done something for the promisor in the past.
- The service must have been rendered voluntarily.
*. Promise to Pay a Time-Barred Debt (Section *(c)):
- A written and signed promise to pay a debt barred by the statute of limitations.
- The promise revives the obligation despite the lapse of the statutory period.
Would you like more examples or detailed explanations on any of these points?
can you elaborate more
Certainly! Let's delve further into the three situations where a contract can exist without consideration under the Contracts Act *:
*. Natural Love and Affection (Section *(a)):
- Explanation: This applies to agreements made out of natural love and affection between close family members. For instance, a father promises to gift a house to his daughter.
- Requirements: The agreement must be in writing and registered to be enforceable.
- Example: A registered written agreement where a parent transfers property to their child out of love and affection.
*. Compensation for Past Voluntary Services (Section *(b)):
- Explanation: This covers promises made to compensate someone who has voluntarily provided a service in the past without any initial expectation of payment. For example, if someone helps you during an emergency and you later promise to compensate them.
- Requirements: The service must have been rendered voluntarily and without any initial agreement for compensation.
- Example: After being helped in a crisis, you promise to pay the person who assisted you as a sign of gratitude.
*. Promise to Pay a Time-Barred Debt (Section *(c)):
- Explanation: This situation involves a promise to pay a debt even though the legal time limit (statute of limitations) for enforcing the debt has expired.
- Requirements: The promise must be in writing and signed by the person making the promise.
- Example: A debtor writes and signs a promise to repay an old loan that is no longer legally enforceable due to the passage of time.
Would you like more details on any of these points or have another question in mind?
can you write your answer in paragraph form in about * words
Ahmad's situations involving the injured person and his manager present two distinct legal issues under the Contracts Act *. First, regarding the injured person, the contract's validity hinges on the concept of consideration. According to Section *(d) of the Contracts Act *, valid consideration must be present for a contract to be enforceable. In Ahmad's case, the promise to pay RM2000 was made after he rendered assistance, which makes it past consideration. Past consideration, as defined in Re McArdle [*], is not valid since the service was provided without any prior agreement or expectation of payment. Thus, Ahmad is unlikely to successfully claim the RM2000 from the injured person.
On the other hand, the situation with Ahmad's manager involves a different legal principle: executed consideration. Section *(d) of the Contracts Act * also covers situations where a promise is made in return for a specific act. Here, Ahmad was asked to perform a task—sending the manager's son to the airport—in return for RM500. According to the legal precedent set in Lampleigh v Brathwait (*), when an act is performed at the request of the promisor and followed by a promiseof payment, it constitutes valid consideration. Hence, Ahmad can claim the RM500 from his manager since the promise was made in exchange for a completed act.
Additionally, the Contracts Act * outlines specific instances where a contract may be enforceable even without traditional consideration. First, under Section *(a), agreements made out of natural love and affection between close relatives are valid if they are in writing and registered. For example, a father promising to gift a house to his daughter would be enforceable if documented and registered. Second, Section *(b) allows for contracts based on compensation for past voluntary services. This means a promise to compensate someone for a service they provided voluntarily and without any initial expectation of payment can be enforceable. An example is compensating someone who helped you during an emergency. Third, Section *(c) covers promises to pay time-barred debts. These are debts for which the statute of limitations has expired, but if the debtor provides a written and signed promise to pay, the obligation is revived.
In conclusion, while Ahmad likely cannot claim the RM2000 from the injured person due to the nature of past consideration, he has a valid claim for the RM500 promised by his manager under the principle of executed consideration. Understanding these legal nuances can
can you write your answer from section 26a, section 26b and section 26c in about * words
Sure! Here’s a detailed explanation of Sections *(a), *(b), and *(c) of the Contracts Act *:
Under Section *(a) of the Contracts Act *, a contract can be enforceable without consideration if it is made out of natural love and affection between close family members. For this to apply, the agreement must be in writing and registered. For instance, if a father promises to gift a house to his daughter out of love and affection, this agreement would be enforceable provided it is documented in writing and registered. The key elements here are the familial relationship and the formalization of the agreement through writing and registration.
Section *(b) addresses situations involving compensation for past voluntary services. This section allows for a contract to be enforceable even if there was no prior agreement or expectation of payment when the service was rendered. For example, if someone helps you during an emergency and you later promise to compensate them for their assistance, this promise can be enforceable. The primary requirements are that the service must have been rendered voluntarily and without any initial agreement for compensation. An illustrative case could involve a person who provides significant help during a crisis and is later promised a reward for their voluntary service.
Lastly, Section *(c) pertains to promises to pay a time-barred debt. This section deals with debts that are no longer enforceable due to the expiration of the statute of limitations. However, if the debtor makes a written and signed promise to repay the debt, this promise revives the obligation and makes it enforceable despite the expiry of the statutory period. For instance, if someone owed money but the legal timeframe to claim the debt has passed, a written and signed promise to repay can make the debt collectible again.
In conclusion, while consideration is generally a necessary element for the enforceability of a contract, the Contracts Act * outlines specific exceptions under Sections *(a), *(b), and *(c). These exceptions recognize the importance of familial relationships, voluntary past services, and the revival of time-barred debts, thereby ensuring that certain promises can be legally binding even in the absence of traditional consideration.
For the Ahmad question can you write your answer in about * words
Ahmad's legal predicament involves two distinct scenarios under the Contracts Act *: the promise made by the injured person and the promise made by his manager. Both situations hinge on the principles of consideration as outlined in the act, but they present different legal implications.
Injured Person
*. Legal Principle: Under Section *(d) of the Contracts Act *, consideration is a crucial element for the formation of a valid contract. Consideration refers to something of value that is exchanged between the parties involved in a contract.
*. Past Consideration: The concept of past consideration is relevant here. Past consideration refers to an act that has already been performed before a promise is made. According to Re McArdle [*], a promise made after a service has been rendered without any prior agreement does not constitute valid consideration. In this case, Ahmad's assistance to the injured person was rendered voluntarily and without any prior agreement or expectation of payment.
*. Conclusion: Given that the promise to pay RM2000 was made after the act of assistance, it falls under the category of past consideration, which is not recognized as valid consideration under the law. Consequently, Ahmad is unlikely to succeed in claimingthe RM2000 from the injured person.
Manager
*. Legal Principle: For the situation involving Ahmad's manager, we look at the concept of executed consideration, which is also covered under Section *(d) of the Contracts Act *. Executed consideration occurs when a promise is made in return for a specific act that has been performed.
*. Executed Consideration: In this scenario, Ahmad was requested by his manager to send his son to the airport in exchange for RM500. The promise to pay was made in return for a specific act, which Ahmad completed. This aligns with the precedent set in Lampleigh v Brathwait (*), where it was established that an act performed at the request of the promisor, followed by a promise of payment, constitutes valid consideration.
*. Conclusion: Given that Ahmad completed the task of sending his manager's son to the airport as requested and the promise to pay was made in return for this specific act, he has a valid claim for the RM500. The promise made by the manager constitutes executed consideration, making it enforceable under the Contracts Act *.
Exceptions to Consideration
The Contracts Act * also outlines specific situations where a contract can
does s2(b) apply to ahmad and the manager?
Section *(b) of the Contracts Act * outlines the definition of a promise and its enforceability. Here's how it applies to Ahmad and the manager:
Injured Person (Past Consideration)
- Legal Principle: Valid consideration must be present for a contract to be enforceable.
- Past Consideration: Promises made after a service is rendered without prior agreement are not valid consideration.
- Relevant Case: Re McArdle [*].
- Conclusion: Ahmad likely cannot claim the RM2000 from the injured person as the promise was made after the act.
Manager (Executed Consideration)
- Legal Principle: A promise made in return for a specific act is valid consideration.
- Executed Consideration: The promise to pay was made in exchange for a specific act (sending the manager’s son to the airport).
- Relevant Case: Lampleigh v Brathwait (*).
- Conclusion: Ahmad can claim the RM500 from the manager as the promise was made in return for a completed act.
While Section *(b) defines the importance of consideration, it doesn't directly address past or executed consideration. However, based on the principles and case laws, Ahmad can successfully claim the RM500 from his manager,but not the RM2000 from the injured person.
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