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Auspicious Sdn Bhd Case Study

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This essay will examine the case of Auspicious Sdn Bhd vs the Management of “The Embrace”. The case brings to light whether Auspicious Sdn Bhd or the management has breached the contract. The contract amounts to Rm xxx for sale of furniture and fixtures to the Management of “The Embrace” by Auspicious Sdn Bhd . Jimmy, the managing director of Auspicious Sdn Bhd signed the contract with Beng Kim (Senior Manager of The Embrace) on 8th January 2014. The claims according to Jimmy, the Management violated as the payment of X% did not proceed through even after partial of the fixture and fitting provided. On the contrary, the Management stated that Jimmy breached the contract when he did not complete the installation of the fixtures and fittings by the 20th of April as agreed in the contract. According to section 57(2) Contract Act 1950, frustration is when the situation is out of control of the …show more content…

In Contracts Act 1950 section 38(1), the parties to an agreement should perform or offer to perform, their individual guarantees, unless the execution is dispensed with or excused under this act, or of any other law. Partial performance is portion of the completion of a contract deed. A full performance has to be performed if not the contract is not considered although partial performance can be accepted. The partial fixtures and fittings supplied is part of the contract. It is accepted although the instalment is not completed. Thus, the contract is considered, however, full completion is required. In this case, Jimmy has to supply and install all the fixtures and fittings stated in the contract. The advance payment has to be paid due to Jimmy by The Embrace before any further progression on the instalment of the fixtures and fittings. Furthermore, Jimmy has to complete his obligations in order to receive the remaining

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