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Published Apr 2009
Hardcover
3 volumes

List Price: RM 750.00
  USD 197.00
(10% of the listed price will be added for shipping addresses outside Malaysia)

Law of Contract in Malaysia


A Mohaimin Ayus

ISBN / ISSN:  978-967-5040-20-7

Contracts and agreements come into play in almost every aspect of life; the study and the application of the law of contract make up a core component of the learning and the practice of law. This book presents up-to-date texts, cases and materials within a structure that makes it easier to read and understand the whole body of the Malaysian law of contract. Written by an experienced researcher and teacher of the law of contract, it adopts an analytical approach which supports a clear understanding of the subject.

Grounded on primary sources, this book provides deep analysis and thorough commentaries on the statutory provisions and landmark cases. The facts of most cases have been rewritten to suit the relevant issues and the ratio decidendi of the judicial pronouncements. Readers would be conveniently guided to the important parts of the judgments and the detailed references and cross-references are a boon for researchers.

The methodology adopted in this book is convenient. Principles of the law of contract are explained and elucidated, statutory provisions are given and analysed, followed immediately by the case law authorities in which the principles are enunciated, or provisions construed. Common law cases from England, Australia and India, which have been referred to in Malaysian decisions, as the sources of influence, are set out and analysed to help readers further comprehend the reasons of the Malaysian decisions. Some old English cases of good authority are also reproduced to achieve the same objective.

This book conveys the practical application of the law of contract through the proper involvement of knowledge and understanding, intellectual skill, application skill and transferable skill, which are the primary tools of students of law and practitioners alike.

Law of Contract in Malaysia, which provides a lucid, comprehensive and critical understanding of the subject, is a book that will be appreciated by lawyers, judges, judicial officers, legal professionals as well as teachers of the law of contract.

Contents outline
Vol 1

  1. Introduction
  2. Agreement
  3. Offer and Invitation to Treat
  4. Offer and Acceptance
  5. Consideration
  6. Intention to Create Legal Relations
  7. Terms of a Contract
  8. Capacity of Party to Contract
Vol 2
  1. Coercion
  2. Undue Influence
  3. Fraud and Misrepresentation
  4. Mistake
  5. Illegality
Vol 3
  1. Discharge of Contract
  2. Damages for Breach of Contract
  3. Other Remedies

Readership
Practitioners and students

Jurisdiction
Malaysia