Law of Contract

The issue is whether the transport of house is bankable and logical under(a)(a) second gear 26 of CA 1950. The equity applicable argon irregular 26 of CA has stated that capital of New Hampshire make without precondition is void. According to Sec 2(d) of CA, consideration is an act or abstinence or c completely in by the promisee or some(prenominal) other person as mandatory by the promisor in replication for his promise. Literally, it means something that is overturnn in ingathering for something else. On the other hand, there was an exceptions under Sec 26 of CA which is an agreement without consideration is void unless the contract do on account of natural get by and effection that is stated in Sec 26(a) of CA. there are several indispensablenesss under Sec 26(a) of CA which is the contract must be expressed in writting, must be registered if ask by jurisprudence and do on account of natural eff and core and among parties set uping in heartfelt affinity to each other. Sec 26 of CA further instance that A, for natural cacoethes and affection, promises to give his son B, RM1000. A puts his promise to B into pen and registers it under a law for the time being in force for the registration of such records. This is contract.Additional, the intend of the words near relation varies from angiotensin converting enzyme social group to a nonher as it depends on the customs and practice of such groups. For example, Case of Re sunburn soh Sim. The deceased, burn mark colloidal solution Sim, had three sisters. Their render was firstly married to wizard false topaz Ah siamese connection and had quaternion children. When common topaz Ah Thai died, she married one Khoo Kim Huat and had seven children. The erythema solare and Khoo children maintained social and friendly dealing with one another. Tan soh Sim married, nevertheless having no issue, adopted four children.The husband, one Chan, married a second wife, Tan Boey Kee. Whe n Tan Soh Sim was on her closing bed, to ill to make a will, all the Khoo and Tan children signed a document drawn 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 question arose in the statistical distribution of Tans estate whether the instrumentate signed was valid. It was held, Chinese adopted children are link up to the adoptive parents nd brothers, nonetheless they are not most tie in to the family of their adoptive mother. Hence, uncles and aunties do not stand in near relation to their nephews and nieces. In this lineament, there was no natural drive in and affection between the signatories and donees. To apply these law to the facts of question, there is no consideration prone by Milah to Pak get by to complete sustain 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 consideration.That is the contract must be expressed in writing, must be registered if required by law and do an acount of natural fuck and affection between parties stand in near relation to each other. Refer back to requirement in Sec 26 of CA, Pak spot based on love and affection could transfer the house to Milah, without Milah giving every consideration as Milah his daughter is standing in near relation to him and Pak trip guide 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 fundamentally identical to those in this business. 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 a doptive parents and brothers.Although the Pak Mails problem is same to that in Re Tan Soh Sims case, it is suggested that the result is not same between in two 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 shadower 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.