Page 28 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

1.5.2 PRIVATE LAWS

• Private law concerned with matters that affect the rights and

duties of individuals amongst themselves (relation between a

citizen and another).

• To give compensate to person injured, enable property to be

recovered from wrongdoers and enforce obligation (contract

and trust). Subdivided to 3 categories:

a. Trust

✓ Equitable obligation binding a person (trustee) to deal

with property over which he has control (trust

property) for the benefit of persons (beneficiaries) of

whom he may himself be one and any of whom may

enforce the obligation.

b. Contract

✓ Based on agreement between two parties (offer and

acceptance). Agreement must legally be enforceable to

be enforced form as the contract.

✓ Essential elements in contract are:

a. Must be an offer

b. Acceptance that of offer

c. Both parties making the contract must have the

capacity to contract

d. No mistake, misrepresentation, or undue influence

e. The object must be lawful

f. Both parties must intend to enter legal relationship

g. Must also be consideration

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