Contracts Act 1950
CONTRACTS ACT 1950
AKTA KONTRAK 1950
Act 136 · consolidated to 1 Jan 2006 · 91 pp
Socio-economic rights
This copy of the Act is 20 years old. Any amendment made since 1 January 2006 is not in this text. Check the AGC record for later amendments.
What this does to artists
Every commission, gig, residency, publishing deal, sync licence and band agreement is a contract, and this is the Act that decides whether one exists, what it means and what happens when it is broken. Read with the Copyright Act for any deal touching rights.
Watch this
Section 28 makes agreements in restraint of trade void, which is why most exclusivity clauses in Malaysian artist and management agreements are weaker than they look.
What to read first
Section numbers read out of the AGC text itself
s.3Communication, acceptance and revocation of proposals
s.10What agreements are contracts
s.30Agreements void for uncertainty
topicAgreement in restraint of trade void
s.20Power to set aside contract induced by undue influence
s.18“Misrepresentation”
topicContingent contracts
s.74(1) Compensation for loss or damage caused by breach of contract (2) Compensation for failure to discharge obligation resembling those created by contract
topicCompensation for loss or damage
topicAgency
Where this one bites
Scenario
DJ a club night
You are playing other people's recordings to a paying room. Three separate licences, one venue licence, a stat…
ScenarioRelease and distribute a track
Ownership, registration and the two separate rights in every recording.…
ScenarioLicence a song for an ad, film or game
Two permissions, usually from two different owners, and a blanket licence is neither of them.…
ScenarioExhibit and sell your work
Selling the object is not selling the copyright, and the commission clause decides who owned it in the first p…
ScenarioPaint a mural or install work in public space
Your copyright survives on someone else's wall. What the owner may then do to it is the fight.…
ScenarioSign a management, label or agency deal
** `What you assign you do not get back. And the clause that looks like a life sentence is often weaker than i…
Full arrangement of sections 185 sections · show / hide
Extracted from the AGC PDF on this page.
s.1Short title
s.2Interpretation
s.3Communication, acceptance and revocation of proposals
s.4Communication, when complete
s.5Revocation of proposals and acceptances
s.6Revocation how made
s.7Acceptance must be absolute
s.8Acceptance by performing conditions, or receiving consideration
s.9Promises, express and implied
s.10What agreements are contracts
s.11Who are competent to contract
s.12What is a sound mind for the purposes of contracting
s.13“Consent”
s.14“Free consent”
s.15“Coercion”
s.16“Undue influence”
s.17“Fraud”
s.18“Misrepresentation”
s.19Voidability of agreements without free consent
s.20Power to set aside contract induced by undue influence
s.21Agreement void where both parties are under mistake as to matter of fact
s.22Effect of mistake as to law
s.23Contract caused by mistake of one party as to matter of fact
s.24What considerations and object are lawful, and what not Void Agreements
s.25Agreements void if considerations and objects unlawful in part
s.27Agreement in restraint of marriage void
s.30Agreements void for uncertainty
s.31(1) Agreements by way of wager void (2) Exception in favour of certain prizes for horse racing
s.32“Contingent contract”
s.33Enforcement of contracts contingent on an event happening
s.34Enforcement of contracts contingent on an event not happening
s.35When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
s.37Agreement contingent on impossible events void
s.38Obligation of parties to contracts
s.39Effect of refusal to accept offer of performance
s.40Effect of refusal of party to perform promise wholly By whom Contracts must be Performed
s.41Person by whom promise is to be performed
s.42Effect of accepting performance from third person
s.43Devolution of joint liabilities
s.44(1) Any one of joint promisors may be compelled to perform (2) Each promisor may compel contribution (3) Sharing of loss by default in contribution
s.45Effect of release of one joint promisor
s.46Devolution of joint rights Time and Place for Performance
s.47Time for performance of promise where no application is to be made and no time is specified
s.48Time and place for performance of promise where time is specified and no application to be made
s.49Application for performance on certain day to be at proper time and place
s.50Place for performance of promise where no application to be made and no place fixed
s.51Performance in manner of at time prescribed or sanctioned by promisee Performance of Reciprocal Promises
s.52Promisor not bound to perform unless reciprocal promisee ready and willing to perform
s.53Order of performance of reciprocal promises
s.54Liability of party preventing event on which contract is to take effect
s.55Effect of defaults as to that promise which should be first performed, in contract consisting of reciprocal promises
s.58Reciprocal promise to do things legal, and also other things illegal
s.59Alternative promise, one branch being illegal Appropriation of Payments
s.60Application of payment where debt to be discharged is indicated
s.61Application of payment where debt to be discharged is not indicated
s.62Application of payment where neither party appropriates Contracts which need not be Performed
s.63Effect of novation, rescission and alteration of contract
s.64Promisee may dispense with or remit performance of promise
s.65Consequences of rescission of voidable contract
s.66Obligation of person who has received advantage under void agreement, or contract that becomes void
s.67Mode of communicating or revoking rescission of voidable contract
s.68Effect of neglect of promisee to afford promisor reasonable facilities for performance
s.69Claim for necessaries supplied to person incapable of contracting, or on his account
s.70Reimbursement of person paying money due by another, in payment of which he is interested
s.71Obligation of person enjoying benefit of non-gratuitous act
s.72Responsibility or finder of goods
s.73Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
s.74(1) Compensation for loss or damage caused by breach of contract (2) Compensation for failure to discharge obligation resembling those created by contract
s.75Compensation for breach of contract where penalty stipulated for
s.76Party rightfully rescinding contract entitled to compensation
s.77“Contract of indemnity”
s.78Rights of indemnity holder when sued
s.79“Contract of guarantee”, “surety”, “principal debtor”, and “creditor”
s.80Consideration for guarantee
s.81Surety’s liability
s.82“Continuing guarantee”
s.83Revocation of continuing guarantee
s.84Revocation of continuing guarantee by surety’s death
s.85Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other’s default
s.86Discharge of surety by variance in terms of contract
s.87Discharge of surety by release or discharge of principal debtor
s.88Discharge of surety when creditor compounds with, gives time to, or agrees not to sue principal debtor
s.89Surety not discharged when agreement made with third person to give time to principal debtor
s.90Creditor’s forbearance to sue does not discharge surety
s.91Release of one co-surety does not discharge others
s.92Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy
s.93Rights of surety on payment or performance
s.94Surety’s right to benefit of creditor’s securities
s.95Guarantee obtained by misrepresentation invalid
s.96Guarantee obtained by concealment invalid
s.97Guarantee on contract that creditor shall not act on it until co-surety joins
s.98Implied promise to indemnify surety
s.99Co-sureties liable to contribute equally
s.100Liability of co-sureties bound in different sums
s.101“Bailment”, “bailor” and “bailee”
s.102Delivery to bailee how made
s.103Bailor’s duty to disclose faults in goods bailed
s.104Care to be taken by bailee
s.105Bailee when not liable for loss, etc., of thing bailed
s.106Termination of bailment by bailee’s act inconsistent with conditions
s.107Liability of bailee making unauthorized use of goods bailed
s.108Effect of mixture, with bailor’s consent, of his goods with bailee’s
s.109Effect of mixture, without bailor’s consent, when the goods can be separated
s.110Effect of mixture, without bailor’s consent, when the goods cannot be separated
s.111Repayment by bailor of necessary expenses
s.112Restoration of goods lent gratuitously
s.113Return of goods bailed, on expiration of time or accomplishment of purpose
s.114Bailee’s responsibility when goods are not duly returned
s.115Termination of gratuitous bailment by death
s.116Bailor entitled to increase or profit from goods bailed
s.117Bailor’s responsibility to bailee
s.118Bailment by several joint owners
s.119Bailee not responsible on re-delivery to bailor without title
s.120Right of third person claiming goods bailed
s.121Right of finder of goods; may sue for specific reward offered
s.122When finder of thing commonly on sale may sell it
s.123Bailee’s particular lien
s.124General lien of bankers, factors, wharfingers, advocates and policy brokers Bailments of Pledges
s.125“Pledge”, “pawnor” and “pawnee”
s.126Pawnee’s right of retainer
s.127Pawnee not to retain for debt or promise other than that for which goods pledged. Presumption in case of subsequent advances
s.128Pawnee’s right as to extraordinary expenses incurred
s.129Pawnee’s right where pawnor makes default
s.130Defaulting pawnor’s right to redeem
s.131Pledge by possessor of goods, or of documentary title to goods
s.132Pledge where pawnor has only a limited interest Suits by Bailees or Bailor againts Wrongdoers
s.133Suit by bailor or bailee against wrongdoer
s.134Apportionment of relief or compensation obtained by such suits
s.135“Agent” and “principal”
s.136Who may employ agent
s.137Who may be an agent
s.138Consideration not necessary
s.139Agent’s authority may be expressed or implied
s.140Definitions of express and implied authority
s.141Extent of agent’s authority
s.142Agent’s authority in an emergency Sub-agents
s.143When agent cannot delegate
s.144“Sub-agent”
s.145(1) Representation of principal by sub-agent properly appointed (2) Agent’s responsibility for sub-agent (3) Sub-agent’s responsibility
s.146Agent’s responsibility for sub-agent appointed without authority
s.147Relation between principal and person duly appointed by agent to act in business of agency
s.148Agent’s duty in naming such person Ratification
s.149Right of person as to acts done for him without his authority. Effect of ratification
s.150Ratification may be expressed or implied
s.151Knowledge requisite to valid ratification
s.152Effect of ratifying unauthorized act forming part of a transaction
s.153Ratification of unauthorized act cannot injure third person Revocation of Authority
s.154Termination of agency
s.155Termination of agency, where agent has an interest in subject-matter
s.156When principal may revoke agent’s authority
s.157Revocation where authority has been partly exercised
s.158Compensation for revocation by principal or renunciation by agent
s.159Notice of revocation or renunciation
s.160Revocation and renunciation may be expressed or implied
s.161When termination of agent’s authority takes effect as to agent, and as to third persons
s.162Agent’s duty on termination of agency by principal’s death or insanity
s.163Termination of sub-agent’s authority Agent’s duty to Principal
s.164Agent’s duty in conducting principal’s business
s.165Skill and diligence required from agent
s.166Agent’s accounts
s.167Agent’s duty to communicate with principal
s.168Right of principal when agent deals, on his own account, in business of agency without principal’s consent
s.169Principal’s right to benefit gained by agent dealing on his own account in business of agency
s.170Agent’s right of retainer out of sums received on principal’s account
s.171Agent’s duty to pay sums received for principal
s.172When agent’s remuneration becomes due
s.173Agent not entitled to remuneration for business misconducted
s.174Agent’s lien on principal’s property Principal’s duty to Agent
s.175Agent to be indemnified against consequences of lawful acts
s.176Agent to be indemnified against consequences of acts done in good faith
s.177Non-liability of employer of agent to do a criminal act
s.178Compensation to agent for injury caused by principal’s neglect Effect of Agency on Contract with Third Persons
s.179Enforcement and consequences of agent’s contracts
s.180Principal how far bound when agent exceeds authority
s.181Principal not bound when excess of agent’s authority is not separable
s.182Consequences of notice given to agent
s.183Agent cannot personally enforce, nor be bound by, contracts on behalf of principal Presumption of contract to contrary
s.184Rights of parties to a contract made by agent not disclosed
s.185Performance of contract with agent supposed to be principal
s.186Right of person dealing with agent personally liable
s.187Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
s.188Liability of pretended agent
s.189Person falsely contracting as agent not entitled to performance
s.190Liability of principal inducing belief that agent’s unauthorized acts were authorized
s.191Effect, on agreement, of misrepresentation or fraud by agent
Read the law
Source of record · lom.agc.gov.my/act-detail.php?act=136&lang=BI
Who this reaches
Visual artsMusicFilm & TVPerforming artsLiterature, writing & publishingFashion & craftDigital & mediaMuseum & archivingContent creationEverything else
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