Kepong Prospecting Ltd v Schmidt

Subject Matter

CONTRACT — Consideration — Definition — Consideration moving from person other than promisee — Jus quaesitum tertio — Whether existing — Malaysia — Contracts Ordinance (No 14 of 1950), s 2 (a) (b) (c) (d) (e)

[1968] AC 810; [1968] 2 WLR 55

CONTRACT — Consideration — Elements — Payment for services — Claim for services to company “prior to … formation” — Whether company able to bind itself to pay for services claimed to have been rendered before incorporation — Inclusion of ineffective element not preventing another element from constituting valid consideration — Services rendered after incorporation and before date of agreement to pay — Valid consideration — Malaysia — Contracts Ordinance (No 14 of 1950), s 2 (d)

[1968] AC 810; [1968] 2 WLR 55

CONTRACT — Formation — Time — Evidence — Date on face of document — Whether prima facie evidence of execution on that date — Onus probandi of different date of execution lying on person seeking to establish execution on different date — Malaysia

[1968] AC 810; [1968] 2 WLR 55

MALAYSIA — Federal Court — Jurisdiction — Evidence — Finding of fact by trial judge — Evidence amply supporting different finding — Whether Federal Court bound to reach conclusion different from that of trial judge

[1968] AC 810; [1968] 2 WLR 55