Law of Contract

The issue is whether the change of house is acceptable and legitimate chthonian randomness 26 of CA 1950. The legal philosophy applicable ar moment 26 of CA has stated that agreement do without consideration is void. According to minute 2(d) of CA, consideration is an act or abstinence or promise by the promisee or any other person as required by the promisor in develop-up the ghost for his promise. Literally, it means something that is given in return for something else. On the other hand, at that place was an exceptions under second base 26 of CA which is an agreement without consideration is void unless the contract made on invoice of natural love and effection that is stated in Sec 26(a) of CA.There are several requirements under Sec 26(a) of CA which is the contract must be verbalised in writting, must be registered if required by legal philosophy and made on account of natural love and affection and between parties stand in border on relation to each other. Se c 26 of CA further illustrate that A, for natural love and affection, promises to give his son B, RM1000. A puts his promise to B into writing and registers it under a law for the time being in force for the enrolment of such documents. This is contract.Additional, the meaning of the words near relation varies from one genial group to a nonher as it depends on the customs and practice of such groups. For example, Case of Re Tan Soh Sim. The deceased, Tan Soh Sim, had third sisters. Their mother was firstly married to one Tan Ah Thai and had quaternion children. When Tan Ah Thai died, she married one Khoo Kim Huat and had seven children. The Tan and Khoo children kept up(p) social and friendly relations with one a nonher. Tan Soh Sim married, notwithstanding having no issue, take four children.The husband, one Chan, married a minute of arc wife, Tan Boey Kee. When Tan Soh Sim was on her death bed, to ill to manipulate a will, all the Khoo and Tan children subscribe a docum ent wasted up by a solicitor renouncing all claims to Tans estate in favour of the four adopted children and Tan Boey Kee. They were told by Tan Boey Kee that this was the intentions of Tan Soh Sim. Tan Soh Sim died without having recovered consciousness. The forefront arose in the distribution of Tans estate whether the instrument signed was valid. It was held, Chinese adopted children are related to the adoptive parents nd brothers, up to now they are not nearly related to the family of their adoptive mother. Hence, uncles and aunties do not stand in near relation to their nephews and nieces. In this shift, in that respect was no natural love and affection between the signatories and donees. To apply these law to the facts of question, there is no consideration given by Milah to Pak Mail to complete affirm the transfer of house as required by Sec 2(d) of CA. However, Sec 26 of CA has laid down a few exceptions where a construct is considered valid eventhough without a consid eration.That is the contract must be expressed in writing, must be registered if required by law and made an acount of natural love and affection between parties standing in near relation to each other. Refer back to requirement in Sec 26 of CA, Pak Mail based on love and affection could transfer the house to Milah, without Milah giving any consideration as Milah his daughter is standing in near relation to him and Pak Mail need to put in writing or contractual agreement and it need to registered by law to valid the transfer.In case of Re Tan Soh Sim was approach with a case whose facts were essentially identical to those in this problem. In that case there was no natural love and effection between the signatories and donees because they are not nearly related to the family of their adoptive mother eventhough in Chinese adopted children are related to the adoptive parents and brothers.Although the Pak Mails problem is selfsame(prenominal) to that in Re Tan Soh Sims case, it is sug gested that the result is not same between in both cases. In saying that, Milah as Pak Mails daughter is standing near relation to him. So, there was natural love and affection between Pak Mail and Milah that can valid the transfer of house. The conclusion, the transfer is acceptable and valid under Sec 26 of CA 1950 as there is a valid contract which screening both of them.