December 7, 2008

Section 2(g) (h) & 2(i) CA 1950

The general rule is that if the agreement is based on an illegality, the Courts will not enforce it.This doctrine originated in England, which described it in the Latin phrase- ex dolo malo non oritur action- "no cause action arises from an illegal act"
2(g) - an agreement no enforceable by law is said to be void

2(h)- however if the agreement is enforceable- "an agreement enforceable by law is a contract.'

2(i)- An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others,is a voidable contract.

A void contract is illegal from the very beginning but on the other hand a voidable contract is legally binding but because the free consent of one party was not given, for example fraud or coercion,the Courts will set it aside. In other words,the contract becomes unenforceable. Vijay- Lincoln Resource

15 comments:

ƒēňχỳ ƒǻмЇĻΫ→‡ Ď..Ė..Ă..Ń..‡        said...

hehe uncle vijay, i am ee lin's younger brother..
haha, forgive me, i don't understand wat u r writing...can't understand even a bit...*blurr*...
only 12 yrs old @_~

A.VIJAYCHANDRAN said...

Hello there Ee Lins brother- what is your name? You are a genius if you understand what I wrote. Do you like school? Do you have a hobby? Uncle vijay

ahyi said...

oooh....
finally i understand what is void and viodable...

TQ VIJAY....

A.VIJAYCHANDRAN said...

For this question,you must introduce your answer by stating-Once there is an agreement between 2 or more parties,and both parties have signed,then there is a valid contract.However there are certain negative factors which may render the contract unenforceable.

Then go on to void & voidable contract. In conclusion, explain the difference between these 2 concepts. Vijay

ƒēňχỳ ƒǻмЇĻΫ→‡ Ď..Ė..Ă..Ń..‡        said...

i only understand 'some' of the 'words' u wrote, not sentence...must ask my sis lol

ƒēňχỳ ƒǻмЇĻΫ→‡ Ď..Ė..Ă..Ń..‡        said...

my name: yong XX
age: 12

I hate schools...but in the holiday semester...i like school *yawn* so boring...

my hobby: read,play,chat

A.VIJAYCHANDRAN said...

You say that you like reading. What do you like to read? Books, Comics? Uncle Vijay

jace said...

sir, I'm here looking for my exam tips and also the test marks as in ur promises to us? mana pergi nih..?

A.VIJAYCHANDRAN said...

Reply to Jace- A promise is not legally binding. Furthermore,a promise without consideration is null and void and legally unenforceable.Smile please. Vijay

Exam tips by 8.p.m today

ƒēňχỳ ƒǻмЇĻΫ→‡ Ď..Ė..Ă..Ń..‡        said...

i dislike comics. but i like reading novel, especially adventurous type...

ƒēňχỳ ƒǻмЇĻΫ→‡ Ď..Ė..Ă..Ń..‡        said...

hehe...uncle vijay, would you mind let me know ur age...

hehe ^o^

A.VIJAYCHANDRAN said...

I am as old as that T-Rex- the Dinosaur in Jurassic Park. Uncle Vijay

jace said...

it's already 9.18pm, my dear sir..

* @nn!3 * said...

sir posted at 8pm but i think already removed before 9pm

ƒēňχỳ ƒǻмЇĻΫ→‡ Ď..Ė..Ă..Ń..‡        said...

......
Waah...that means dinasour existing period also got lawyer...wooot