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Limitation period of action for specific performance in contract of sale of land: Malaysian legal position


Md Dahlan, Nuarrual Hilal (2005) Limitation period of action for specific performance in contract of sale of land: Malaysian legal position. In: 9th International Conference on Global Business and Economic Development, 25-28 May 2005, Seoul, Korea. (Unpublished)

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Abstract

In all legal systems based on common law, limitation period plays an important part in all its civil actions.Failure to comply with the limitation period would diminish the action instituted.The limitation period for all actions founded on contract pursuant to section 6 of the Limitation Act 1953 is 6 years.However, based on the decided cases, the limitation period for action of specific performance of a contract of sale of land, notwithstanding that this action is unequivocally founded on contract, is 12 years, not 6. This is because all actions for specific performance of contract of sale and purchase of land should instead of 12 years, be 6 years as well, as this action too is an action founded on contract.However this is contrary to the judgement found in the decided cases. This article examines these cases and also provides the grounds to support the contrary contention of certain learned legal author in regard to the limitation period of specific performance for contract of sale of land.This article will attempt to unveil and study the grounds and policies of the courts concerning the issue.

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Divisions: College of Law, Government and International Studies
Depositing User: Mrs. Norazmilah Yaakub
Date Deposited: 17 Mar 2014 06:17
Last Modified: 13 Jul 2014 04:29
URI: http://repo.uum.edu.my/id/eprint/9528

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