Malaysian Contracts Act, 1950

PART II: OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF

PROPOSALS

Section 3: Communication, acceptance and revocation of proposals

Section 4: Communication, when complete

Section 5: Revocation of proposals and acceptances

Section 6: Revocation how made

Section 7: Acceptance must be absolute

Section 8: Acceptance by performing conditions, or receiving consideration

Section 9: Promises, express and implied

PART III: OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS

Section 10: What agreements are contracts

Section 11: Who are competent to contract

Section 12: What is a sound mind for the purposes of contracting

Section 13: Consent

Section 14: Free consent

Section 15: Coercion

Section 16: Undue influence

Section 17: Fraud

Section 18: Misrepresentation

Section 19: Voidability of agreements without free consent

Section 20: Power to set aside contract induced by undue influence

Section 21: Agreement void where both parties are under mistake as to matter of fact

Section 22: Effect of mistake as to law

Section 23: Contract caused by mistake of one party as to matter of fact

Section 24: What considerations and object are lawful, and what not Void Agreements

Section 25: Agreements void if considerations and objects unlawful in part

Section 26: Agreement without consideration, void, unless

o (a) it is in writing and registered;
o (b) or is a promise to compensate for something done;
o (c) or is a promise to pay a debt barred by limitation law

Section 27: Agreement in restraint of marriage void

Section 28: Agreement in restraint of trade void

o Exception 1Saving of agreement not to carry on business of which goodwill is sold;
o Exception 2of agreement between partners prior to dissolution;
o Exception 3or during continuance of partnership

Section 29: Agreements in restraint of legal proceedings void

o Exception 1Saving of contract to refer to arbitration dispute that may arise
o Exception 2Saving of contract to refer questions that have already arisen

Section 30: Agreements void for uncertainty

Section 31: (1) Agreements by way of wager void

o (2) Exception in favour of certain prizes for horse racing

PART IV: OF CONTINGENT CONTRACTS

Section 32: Contingent contract

Section 33: Enforcement of contracts contingent on an event happening

Section 34: Enforcement of contracts contingent on an event not happening

Section 35: When event on which contract is contingent to be deemed impossible, if it is the
future conduct of a living person

Section 36: (1) When contracts become void which are contingent on happening of
specified event within fixed time
o (2) When contracts may be enforced which are contigent on specified event not
happening within fixed time

Section 37: Agreement contingent on impossible events void

PART V: OF THE PERFORMANCE OF CONTRACTS

Contracts which must be Performed

Section 38: Obligation of parties to contracts

Section 39: Effect of refusal to accept offer of performance

Section 40: Effect of refusal of party to perform promise wholly

By whom Contracts must be Performed

Section 41: Person by whom promise is to be performed

Section 42: Effect of accepting performance from third person

Section 43: Devolution of joint liabilities

Section 44: (1) Any one of joint promisors may be compelled to perform
o (2) Each promisor may compel contribution
o (3) Sharing of loss by default in contribution

Section 45: Effect of release of one joint promisor

Section 46: Devolution of joint rights

Time and Place for Performance

Section 47: Time for performance of promise where no application is to be made and no
time is specified

Section 48: Time and place for performance of promise where time is specified and no
application to be made

Section 49: Application for performance on certain day to be at proper time and place

Section 50: Place for performance of promise where no application to be made and no
place fixed

Section 51: Performance in manner of at time prescribed or sanctioned by promisee

Performance of Reciprocal Promises

Section 52: Promisor not bound to perform unless reciprocal promisee ready and willing to
perform

Section 53: Order of performance of reciprocal promises

Section 54: Liability of party preventing event on which contract is to take effect

Section 55: Effect of defaults as to that promise which should be first performed, in contract
consisting of reciprocal promises

Section 56: (1) Effect of failure to perform at fixed time, in contract in which time is essential
o (2) Effect of failure when time is not essential
o (3) Effect of acceptance of performance at time other than that agreed upon

Section 57: (1) Agreement to do impossible act

o (2) Contract to do act afterwards becoming impossible or unlawful
o (3) Compensation for loss through non-performance of act known to be impossible or
unlawful

Section 58: Reciprocal promise to do things legal, and also other things illegal

Section 59: Alternative promise, one branch being illegal

Appropriation of Payments

Section 60: Application of payment where debt to be discharged is indicated

Section 61: Application of payment where debt to be discharged is not indicated

Section 62: Application of payment where neither party appropriates

Contracts which need not be Performed

Section 63: Effect of novation, rescission and alteration of contract

Section 64: Promisee may dispense with or remit performance of promise

Section 65: Consequences of rescission of voidable contract

Section 66: Obligation of person who has received advantage under void agreement, or
contract that becomes void

Section 67: Mode of communicating or revoking rescission of voidable contract

Section 68: Effect of neglect of promisee to afford promisor reasonable facilities for
performance

PART VI: OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY

CONTRACT

Section 69: Claim for necessaries supplied to person incapable of contracting, or on his
account

Section 70: Reimbursement of person paying money due by another, in payment of which
he is interested

Section 71: Obligation of person enjoying benefit of non-gratuitous act

Section 72: Responsibility or finder of goods

Section 73: Liability of person to whom money is paid, or thing delivered, by mistake or
under coercion

PART VII: OF THE CONSEQUENCES OF BREACH OF CONTRACT

Section 74:
o (1) Compensation for loss or damage caused by breach of contract
o (2) Compensation for failure to discharge obligation resembling those created by
contract

Section 75: Compensation for breach of contract where penalty stipulated for

Section 76: Party rightfully rescinding contract entitled to compensation