Kepong Prospecting Ltd V Schmidt 1968 Ac 810

With an appeal case from malaysia in kepong prospecting ltd v schmidt 27. T agreed with schmidt in writing that in consideration for schmidt s assistance to obtain a permit and start mining operations t would pay schmidt 1 of the price that all ore from the land was sold at. Kepong prospecting ltd v schmidt 1968 ac 810.

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Kepong Prospecting Ltd V Schmidt Case

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Kepong Prospecting Ltd V Schmidt Case

Contract law international agreements formation of contract.

Kepong prospecting ltd v schmidt 1968 ac 810. It lies at the heart of the difference between rights under contract which are in personam and proprietary rights which are in rem. Schmidt also helped in the subsequent formation of the company kepong prospecting ltd. This was the first. A consideration is executed when a promise is made in exchange for the performance of an act.

Schmidt 1968 1 mlj 170 which is a case on appeal from malaysia. Kepong prospecting ltd v schmidt 1968 ac 810. A consideration given in the past is valid consideration. 1968 ac 810 pc.

Schmidt also assisted tan in the setting up of kepong prospecting ltd. Atkinson 1861 1 b s 393. The principle that only the parties are entitled to sue or be sued upon it is known as the privity of contract. Chicken saves duck from drowning and subsequently duck promises chicken a reward kepong prospecting ltd.

In the year 195 4 after the company was formed an agreement was entered into between the company and tan whereby the company took over the obligations to pay schmidt 1 of all ore that might be produced and sold. A contract without consideration is voidable. This is evident from the decision of the privy council in kepong prospecting ltd ors v. Tan promised schmidt a tribute of 1 of the sales of all the iron ore produced and sold.

The contracts rights of third parties act 1999. The case of kepong prospecting ltd v a e. Thus while this rule of consideration is distinct and separate from the doctrine of privity as upheld in kepong prospecting ltd v schmidt 1968 ac 810 it yields the same result so as to be closely connected. Ram autarpande 1916 ilr 38 all 209.

Dunlop pneumatic tyre v. V schmidt 1968 1 mlj 170 currie v misa a valuable consideration in the sense of the law may consist either in some right profit or benefit accruing to the party or some forbearance detriment loss or responsibility given suffered or undertaken by the. 3 kepong prospecting ltd v schmidt 1968 mlj 170 a schmidt a consulting engineer assisted in obtaining a permit for iron ore in the johor state. Responding to an argument by counsel that the doctrine does not apply in malaysia lord wilberforce categorically said.

Subsequently tan set up a company called kepong prospecting ltd. Looking after alan s son is good consideration for alan s promise. Schmidt marjorie schmidt 1968 1 mlj 170 laid down the principle that. 28 dunlop n 4.