Question: Ir. Faridah is a consulting structural engineer. She was asked by Miss Chia to design her house. A Memorandum of Agreement (MOA) between them stipulated

Ir. Faridah is a consulting structural engineer.

Ir. Faridah is a consulting structural engineer. She was asked by Miss Chia to design her house. A Memorandum of Agreement (MOA) between them stipulated that the design work be completed within one month and Ir. Faridah will be paid RM 60,000.00 in five (5) stages for the work done. The first payment of RM 12,000.00 will be paid once preliminary design is completed and subsequently, RM 12,000.00 will be paid according to each stage of work and the last RM 12,000.00 will be paid once Certificate of Completion and Compliance (CCC) is obtained. However, after CCC is obtained, Miss Chia refused to pay the balance of payment. Ir. Faridah is now seeking your advice on the following: a) Explain the definition of contract according to Section 10(1) of the Contracts Act (CA) 1950. (2 Marks) b) Evaluate whether the contract has been breached by Miss Chia. (2 Marks) c) Propose a type of remedies which can be claimed by Ir. Faridah, if the contract is breached, according to the Contracts Act 1950. (2 Marks) d) Discuss Four (4) essential elements of a contract

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