Kepong Prospecting V Schmidt Case

Page 3 of 4 kepong prospecting ltd v schmidt.

Kepong prospecting v schmidt case. 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. Schmidt also assisted tan in the setting up of kepong prospecting ltd. 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.

Schmidt 1968 1 mlj 170 which is a case on appeal from malaysia. Past consideration did constitute a valid consideration. Contract law international agreements formation of contract. On that material hashim j.

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. This is evident from the decision of the privy council in kepong prospecting ltd ors v. A valuable consideration in the sense of the law may consist either in some right interest profit or benefit accruing to one party or some forbearance detriment loss or responsibility given suffered or undertaken by the other. And the tribute is its sole asset.

Kepong prospecting ltd s k jagatheesan ors v a e schmidt marjorie schmidt 1968 1 mlj 170. Responding to an argument by counsel that the doctrine does not apply in malaysia lord wilberforce categorically said. Tan promise to schmidt a tribute of 1 for every iron produced and soled. Schmidt 1968 1 mlj 170 cont issue.

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. Kepong prospecting ltd v schmidt 1968 ac 810. Jagatheesan ors v. Nowroji pudumjee siradar v the deccan bank ltd ilr 45 bom 1256 1258 air 1921 bom 69.

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. Looking after alan s son is good consideration for alan s promise. Kepong prospecting ltd v schmidt. Came to the following conclusion a defendant has been receiving tribute from kepong mines ltd.

In the year 1954 after the company formed schmidt was not party of the agreement not until in the year. So schmidt was entitled to his claim on the amount. Whether services rendered after incorporation but before the agreement were insufficient to constitute a valid consideration even though they were clearly past.