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    How To Answer Business LAW

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    miranza
    This document outlines the I-P-A-C method for analyzing legal issues: I) Introduction - Defines relevant legal principles like what constitutes a contract. P) Principles - Discusses legal principles around intention to create a legally binding agreement from English common law and Malaysian case law. A) Application - Applies the legal principles to the given facts to analyze if there was intent between two parties to create a legally binding contract. C) Conclusion - Determines that without clear evidence of intent, there was no legally enforceable contract between the two parties based on the presumption for domestic/social agreements.

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    How To Answer Business LAW

    Uploaded by

    miranza
    233 views1 page
    This document outlines the I-P-A-C method for analyzing legal issues: I) Introduction - Defines relevant legal principles like what constitutes a contract. P) Principles - Discusses legal principles around intention to create a legally binding agreement from English common law and Malaysian case law. A) Application - Applies the legal principles to the given facts to analyze if there was intent between two parties to create a legally binding contract. C) Conclusion - Determines that without clear evidence of intent, there was no legally enforceable contract between the two parties based on the presumption for domestic/social agreements.

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    IPAC Concept

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    How to answer Business LAW.doc

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    This document outlines the I-P-A-C method for analyzing legal issues: I) Introduction - Defines relevant legal principles like what constitutes a contract. P) Principles - Discusses legal principles around intention to create a legally binding agreement from English common law and Malaysian case law. A) Application - Applies the legal principles to the given facts to analyze if there was intent between two parties to create a legally binding contract. C) Conclusion - Determines that without clear evidence of intent, there was no legally enforceable contract between the two parties based on the presumption for domestic/social agreements.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    233 views1 page

    How To Answer Business LAW

    Uploaded by

    miranza
    This document outlines the I-P-A-C method for analyzing legal issues: I) Introduction - Defines relevant legal principles like what constitutes a contract. P) Principles - Discusses legal principles around intention to create a legally binding agreement from English common law and Malaysian case law. A) Application - Applies the legal principles to the given facts to analyze if there was intent between two parties to create a legally binding contract. C) Conclusion - Determines that without clear evidence of intent, there was no legally enforceable contract between the two parties based on the presumption for domestic/social agreements.

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    Download as DOC, PDF, TXT or read online from Scribd
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    of 1

    I P A C

    Issue Principles of law relevant to the question Application i.e. applying the principles of law discussed earlier into the question Conclusion

    Suggested answer: Introduction : Definition of a contract An agreement does not always mean contract. For agreement to e a contract! there must e an intention etween the parties that they want to enter into a legal relationship etween them. In other words there must e an intention to create legal relationship etween the parties. "he #alaysian Contracts Act $%&' does not contain any provisions with regard intention to create legal relation. (ence! )nglish common law is applied to determine whether these contracts are legally inding etween the parties. "here are two types of relationship e*ist+ domestic or social agreement. usiness,commercial agreements and

    In usiness agreement the law presumes that the parties have the intention to create legal relationship unless proven otherwise. "his was illustrated in the case of Lim Keng Siong v Yeo Ah Tee . In this case the respondent claimed-.please refer to the manual for facts of the case/ In social agreement however! the law always presumes that the parties do not intend a legally inding contract or legal consequences arising out of the contract unless proven otherwise. For e*ample! in the case of Balfour v Balfour, the defendant hus and was a civil servant --.please refer to the manual for facts of the case/ "his presumption that the parties do not intend legal consequence was re utted in the case of Merritt v Merritt. In #erritt0s case! the hus and left the matrimonial home-- .please refer to the manual for facts of the case/ Applying the principles a ove to the facts in question! it is su mitted that there is no inding contract etween 1ahul A dullah and his first wife 2oor "ina as this agreement comes under the category of domestic and social agreement. In this type of agreement the law presumes that the parties do not intend legal relationship unless 2oor "ina can prove otherwise! for instance the e*istence of written agreement li3e in the case of #erritt v #erritt. "herefore if there is no clear evidence to show that oth parties intend to create legal relation! it is concluded that 2oor "ina cannot ta3e legal action against her hus and for reach of contract due to the a sence of the element of an intention to create legal relation.

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