Section 64 of the Contract Act 1950 is an important provision that deals with the discharge of a contract by a party`s breach or non-performance. This section is crucial in protecting the rights of both parties involved in a contract, whether it is a business agreement or a personal contract.

Over the years, many cases have been brought to court under this section of the Act. In this article, we will take a closer look at some of the notable cases that have helped shape the interpretation of Section 64.

One of the landmark cases in Malaysia that involved Section 64 was the case of Wu Tai Loy v Wong Yee Chong. In this case, the plaintiff was a security guard who was appointed to protect the defendant`s property. The plaintiff claimed that he was wrongfully dismissed before the expiry of his contract, and sued the defendant for breach of contract.

The court held that the defendant had indeed breached the contract by terminating the plaintiff`s employment before the expiry date. The court ordered the defendant to pay damages for the loss suffered by the plaintiff as a result of his premature dismissal.

Another interesting case that involved Section 64 was Boustead Trading (1985) Sdn Bhd v Arab-Malaysian Merchant Bank Berhad. In this case, the plaintiff had borrowed a sum of money from the defendant and had agreed to repay it in instalments.

However, the plaintiff failed to make the necessary payments on time, and as a result, the defendant sued for breach of contract. The court held that the plaintiff had indeed breached the contract by failing to make timely repayments and ordered them to pay damages to the defendant.

These cases illustrate the importance of Section 64 in contract law. It provides a clear guideline on how parties can seek remedy when a contract has been breached. The provision ensures that both parties are accountable for their actions, and it protects the rights of individuals and organizations alike.

In conclusion, Section 64 of the Contract Act 1950 is an essential provision that has helped shape the law of contract in Malaysia. It provides a clear framework for parties involved in a contract to seek recourse when there is a breach of contract. The cases discussed in this article show the importance of understanding this provision and its implications.