Kepong Prospecting V Schmidt Case
Salim may be able to successfully claim the promise made by the company.
Kepong prospecting v schmidt case. And the tribute is its sole asset. The malaysian case which applied the principle of past consideration is the case of. 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. Defined under section 15 as committing or threatening to commit any act forbidden by the penal code or the unlawful detaining or threatening to detain any property to the prejudice of any person.
Page 3 of 4 kepong prospecting ltd v schmidt. Schmidt 1968 1 mlj 170 cont issue. Tan promise to schmidt a tribute of 1 for every iron produced and soled. Nowroji pudumjee siradar v the deccan bank ltd ilr 45 bom 1256 1258 air 1921 bom 69.
Contract law international agreements formation of contract. Kepong prospecting ltd v schmidt 1968 ac 810. In malaysia the good examples of case for past consideration are kepong prospecting v schmidt schmidt a consulting engineering assisted tan to obtain iron ore permit. In the year 1954 after the company formed schmidt was not party of the agreement not until in the year.
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. Past consideration is good consideration was illustrated in kepong prospecting ltd. Tan promised schmidt a tribute of 1 of the sales of all the iron ore produced and sold. Kepong prospecting ltd s k jagatheesan ors v a e schmidt marjorie schmidt 1968 1 mlj 170.
Schmidt also assisted tan in the setting up of kepong prospecting ltd. Came to the following conclusion a defendant has been receiving tribute from kepong mines ltd. So schmidt was entitled to his claim on the amount. Past consideration did constitute a valid consideration.
Whether services rendered after incorporation but before the agreement were insufficient to constitute a valid consideration even though they were clearly past. Jagatheesan ors v. S a consultant engineer has assisted another in obtaining a prospecting permit for mining iron ore he helped in the subsequent formation of kepong prospecting ltd and was appointed as its md. On that material hashim j.
Schmidt marjorie schmidt 1968 1 mlj 170 schmidt a consulting engineer had assisted another in obtaining a prospecting permit for mining iron ore in the state of johore.