Issue:

Was Zain responsible for the contract that has been made with the Bus Asia Agency Sdn Bhd?Is
there a contract between Zain and Bus Asia Agency sdn bhd?
Section:
Section 10(1) Contract Act 1950 state that all agreements are contract if they are made by the
free consent of parties competent to contract,for a lawful consideration and with a lawful object
and are not hereby expressly declared to be void.Section 9 Contract Act 1950 state that so far as
the proposal or acceptance of any promise is made in words,the promise is said to be express.So
far as the proposal or acceptance is made otherwise than in words ,the promise is said to be
implied.Section 11 Contract Act 1950 state that every person is competent to contract who is of
the age of majority according to law to which he subject,and who is sound of mind,and is not
disqualified from contracting by any law to which he is subject.Age of majority in Malaysia is 18
above.
Case related:
CUTTER v POWELL [1795]101 ER 573
Held:As Cutter had promised to serve as second mate for the whole of the voyage but had not
done so,the widow failed in her claim.The contract was not divisible as the payment was
supposed to be full payment upon completion of the whole voyage.Since Cutter did not perform
his promise,there was no right for the widow to any part of the salary.
SUMPTER v HEDGES [1898] 1 QB 673
Held:The contract was entire,not divisible and so the plaintiffcould not recover under
it.Furthermore the fact that the plaintiff was unable to complete the job was not the fault of the
defendant and so there was no entitlement to a quantum meruit.While the defendant obtained a
benefit,it did not constitute acceptance of partial performance in this case.
Application:
In section 10(1) Contract Act 1950state that all agreements are contract if they are made by the
free consent of parties competent to contract,for a lawful consideration and with a lawful object
and are not hereby expressly declared to be void.Zain has made a contract with Bus Asia Agency
Sdn Bhd and the contract cannot be void as both parties already agreed.In section 9 1950 state
that so far as the proposal or acceptance of any promise is made in words,the promise is said to
be express.So far as the proposal or acceptance is made otherwise than in words ,the promise is
said to be implied.Zain had made a contract and represent his class on dealing.He should done
his promise by paying the service provided by the the company.In section 11 Contract Act 1950
state that every person is competent to contract who is of the age of majority according to law to

which he subject,and who is sound of mind,and is not disqualified from contracting by any law
to which he is subject.Age of majority in Malaysia is 18 above.Zain is under the age of majority
which is 17 years old.Means that he cannot made a contract.
Conclusion:
In this case,there is a contract between Zain and Bus Asia Agency Sdn Bhd.Therefore,Zain need
to be responsible on the contract that has been made with Bus Asia Agency Sdn Bhd.