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The Pros And Cons Of Contract

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The contract is considered a type of agreements which are legally binding and enforceable in a courtroom. In the contract, the parties who are involved in the agreement should agree to what has written in the contract, and If there is any breach of contract the innocent party can ask for legal action in the court from the another party who has broken the contract. Any contract should involve basic elements as follows: (Offer, Acceptance, Intention to create legal relations, Consideration, Certainty, Capacity, Consent, and Legality). If the contract has reached this entire element, the contract would be an executable contract (VALID contract). But if there is the absence of certain required components, the contract …show more content…

In section 15 of the contracts Act 1950, coercion is forcing any person or some of the community to enter into an agreement by scaring them or threatening them to detain or confiscation any property belong to them and also it could be by threatening them by exposing their secrets. (Pheng, 2009)
Cases
In Kesarmal s/o Letchman Das v Valiappa Chettiar 1
It was held that an exchange executed at the request of the sultan, issued in the ominous presence of two Japanese officers amid the Japanese control of Malaya, was invalid. The court held this was because of the way that consent was not openly given and in this manner, is voidable at the choice of the gathering whose consent was so brought on.
In Barton v Armstrong 2
In this case, Barton carried out Armstrong request for buying his share under and didn’t pay the money for him to Barton, under threatening Armstrong of killing Barton. The court held that this contract was voidable for coercion and would be put aside. (Baksh, …show more content…

S 16 (1) A the contract can be undue Influence when one of the parties used his position to dominate the will of the another party to reach unfair advantage over them, or making contract with people whose mental capacity is affected by reason of age, illness, or mental or bodily distress, according to the section 16 (2) b. (Pheng,

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