Shamin entered a 10 years rental contract with the landlord of Lidas Apartment in 1 March...

Transcribed Image Text:

Shamin entered a 10 years rental contract with the landlord of Lidas Apartment in 1" March 2001. On 2nd July 2008, Shamin appointed Deluxe Hotel & Spa Sdn Bhd as management and marketing consultancy. Azwin is the manager of the Deluxe Hotel & Spa Sdn Bhd has signed the contract and agreed to prepare the whatsoever necessary facilities. On 16 August 2009, Shamin found that Azwin conducted a major renovation work in Lidas Apartment Spa area. Shamin immediately issues a stop work order to Azwin but he ignores the instruction. On 7th September 2009, Shamin and Azwin agreed to revise the contract. Instead of appointing Deluxe Hotel & Spa Sdn Bhd as management and marketing consultancy, Deluxe Hotel & Spa Sdn Bhd rented the Lidas Apartment Spa from Shamin. In the new contract, Deluxe Hotel & Spa Sdn Bhd is required to stop the existing work and demolished the renovated area. Again, Azwin as the manager from Deluxe Hotel & Spa Sdn Bhd failed to comply. As a result, Shamin decided to terminate the contract with Deluxe Hotel & Spa Sdn Bhd on 26 May 2010. Azwin is required to return the key and empty the premise before 1st June 2010. However, Azwin failed to empty the premise and accumulate rental debt for RM 109,000.00. As the rental contract of Shamin with the landlord is due on 28th Feb 2011, Shamin is decided to take over Deluxe Hotel & Spa Sdn Bhd remaining properties in Lidas Apartment as compensation of rental debt. Deluxe Hotel & Spa Sdn Bhd claims that Shamin has no right to retain their property in Lidas Apartment. (a) A contract is defined as an agreement enforceable by law'. To be enforceable and legally bind parties in contract, the contract must be constituted of some basic elements. Discuss these elements. (b) Analyze the case and critically comment on the decision of Shamin and Azwin (Deluxe Hotel & Spa Sdn Bhd). Shamin entered a 10 years rental contract with the landlord of Lidas Apartment in 1" March 2001. On 2nd July 2008, Shamin appointed Deluxe Hotel & Spa Sdn Bhd as management and marketing consultancy. Azwin is the manager of the Deluxe Hotel & Spa Sdn Bhd has signed the contract and agreed to prepare the whatsoever necessary facilities. On 16 August 2009, Shamin found that Azwin conducted a major renovation work in Lidas Apartment Spa area. Shamin immediately issues a stop work order to Azwin but he ignores the instruction. On 7th September 2009, Shamin and Azwin agreed to revise the contract. Instead of appointing Deluxe Hotel & Spa Sdn Bhd as management and marketing consultancy, Deluxe Hotel & Spa Sdn Bhd rented the Lidas Apartment Spa from Shamin. In the new contract, Deluxe Hotel & Spa Sdn Bhd is required to stop the existing work and demolished the renovated area. Again, Azwin as the manager from Deluxe Hotel & Spa Sdn Bhd failed to comply. As a result, Shamin decided to terminate the contract with Deluxe Hotel & Spa Sdn Bhd on 26 May 2010. Azwin is required to return the key and empty the premise before 1st June 2010. However, Azwin failed to empty the premise and accumulate rental debt for RM 109,000.00. As the rental contract of Shamin with the landlord is due on 28th Feb 2011, Shamin is decided to take over Deluxe Hotel & Spa Sdn Bhd remaining properties in Lidas Apartment as compensation of rental debt. Deluxe Hotel & Spa Sdn Bhd claims that Shamin has no right to retain their property in Lidas Apartment. (a) A contract is defined as an agreement enforceable by law'. To be enforceable and legally bind parties in contract, the contract must be constituted of some basic elements. Discuss these elements. (b) Analyze the case and critically comment on the decision of Shamin and Azwin (Deluxe Hotel & Spa Sdn Bhd).

Answer rating: 100% (QA)

a Essential elements of a contract A contract is defined as an agreement that is enforceable by law To be enforceable and legally bind parties in contract the contract must be constituted of some basi... View the full answer