Question

QUESTION

Sudin has signed an agreement in writing to transfer the title to their matrimonial home to his wife, Aini. For the past 6 months Sudin was not on speaking terms with his wife. Sudin now wishes to terminate the agreement on the grounds that he had no intention to do so. (15 marks)

How to answer the problematic question? This is a business law subject

Answer 1

An agreement is a legal contract agreed between two parties. A contract should have certain components to make it valid legally. These are explained below.

1. An offer - This is an agreement between two parties to do or not to do something. Here Sudin agreeing to transfer the name of home to Aini is an offer which was made.
2. Acceptance - This is the action of accepting the offer. Here Aini might have accepted the offer. That is why it was transferred.
3. A consideration - Consideration is something of value that must be given in exchange for the contract. In this case, it is a matrimonial home and there is no consideration given from Aini to Sudin.
4. Mutuality of obligation - This involves both parties' responsibilities as per the contract agreement. In this case, it is the transfer of name.
5. Competency and capacity - This element states that the parties who involve in the contract shall not be minors or drug addicts or the sort of. This is because law has it that people who sign contracts shall do that consciously and they shall have the capacity to understand what the contract is.
6. Writing - This is the act of making and signing the contract agreement.

In this case, Sudin was not in talking terms with Aini for 6 months. He might have been depressed and that is why he is reconsidering the statement. In view of this, he may choose to state that the contract is void because he was depressed and did not sign the contract with a competent mind.