Law of Contract

The pop is whether the canalize of hearthstone is acceptable and binding under Sec 26 of CA 1950. The law applicable be Sec 26 of CA has stated that correspondence make without devotion is void. According to Sec 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 return 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 Sec 26 of CA which is an agreement without consideration is void unless the contract made on account of inborn love and effection that is stated in Sec 26(a) of CA.There are several(prenominal) requirements under Sec 26(a) of CA which is the contract must be show in writting, must be registered if required by law and made on account of earthy love and affection and between parties patronise in near sexual intercourse to each other. Sec 26 of CA further illustrate that A, for immanen t love and affection, promises to give his son B, RM1000. A puts his promise to B into paper and registers it under a law for the time being in force for the registration of much(prenominal) documents. This is contract.Additional, the meaning of the words near relation varies from one affectionate collection to another as it depends on the customs and practice of such groups. For example, depicted object of Re burn Soh Sim. The deceased, bronze Soh Sim, had three sisters. Their arrive was firstly married to one bronze Ah Thai and had four children. When Tan Ah Thai died, she married one Khoo Kim Huat and had seven children. The Tan and Khoo children maintained social and friendly relations with one another. Tan Soh Sim married, but having no issue, adopted four children.The husband, one Chan, married a second wife, Tan Boey Kee. When Tan Soh Sim was on her death bed, to ill to make a will, all the Khoo and Tan children signed a document drawn up by a solicitor renouncing al l claims to Tans state 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 question 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, however they are not or so 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 case, there was no internal 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 get down to complete validate the canalise of house as required by Sec 2(d) of CA. However, Sec 26 of CA has laid down a few exceptions where a ca-ca is considered valid eventhough without a consideration.That is the contract must be expressed in writi ng, 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 faced 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 analogous to that in Re Tan Soh Sims case, it is suggested that the result is not same between in two cases. In saying th at, 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 binding both of them.