FREE CONSENT
In Malaysia, our contract law is basically governed and enforced by the Contract Act 1950. When entering into an agreement, the parties must be free to consent to the contract. The free consent as provided in Section 10(1) “All agreements are contracts if they are made by the free consent of parties competent to contract…” Under Section 14, consent must be free and not caused by
- coercion, as defined in section 15;
- undue influence, as defined in section 16;
- fraud, as defined in section 17;
- misrepresentation, as defined in section 18; or
- mistake, subject to sections 21, 22, and 23.
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