Waiver of employer抯 termination right by doctrine of election
Also available in printed version
| المؤلف الرئيسي: | |
|---|---|
| مؤلفون آخرون: | |
| التنسيق: | Master's thesis |
| اللغة: | الإنجليزية |
| منشور في: |
Universiti Teknologi Malaysia
2025
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| الموضوعات: | |
| الوصول للمادة أونلاين: | https://utmik.utm.my/handle/123456789/57181 |
| Abstract | Abstract here |
| _version_ | 1854975103505268736 |
|---|---|
| author | Rifhan Natrisya Razali |
| author2 | Nur Emma Mustaffa, supervisor |
| author_facet | Nur Emma Mustaffa, supervisor Rifhan Natrisya Razali |
| author_sort | Rifhan Natrisya Razali |
| description | Also available in printed version |
| format | Master's thesis |
| id | utm-123456789-57181 |
| institution | Universiti Teknologi Malaysia |
| language | English |
| publishDate | 2025 |
| publisher | Universiti Teknologi Malaysia |
| record_format | dspace |
| record_pdf | Abstract |
| spelling | utm-123456789-571812025-08-21T10:26:12Z Waiver of employer抯 termination right by doctrine of election Rifhan Natrisya Razali Nur Emma Mustaffa, supervisor Built environment & surveying Also available in printed version A contract creates a legal obligation upon the contracting parties. Generally, a contract may be terminated before completion at common law or by the exercise of express rights set out in the contract itself. Contracts can be brought to an end in a variety of ways, either by performance, agreement, frustration or by breach. Under common law, the innocent party can terminate the contract by the operation of law when a party intimates by words or conducts that he does not intend to honour his obligations or when the guilty party commits breach so serious that evinces its intention not to perform. However, a repudiation of contract does not automatically terminate the innocent party抯 obligations under the contract. The innocent party has choices between the right to continue the contract or to accept the repudiation of the guilty party as terminating the contract. In legal terminology the choice is known as 揺lection�. In order for the doctrine of election to operate effectively, there are certain essential elements and conditions to be fulfilled. If an election is not done correctly due to certain circumstances, it can be considered as an ineffective election. The employer抯 decision to affirm the contract or treat the contract as an end would be challenged. In situation where the employer elects to terminate the contract, it would become a waiver to the employer抯 termination right. Therefore, this study focused on the circumstances that are considered as waiver of the employer抯 termination right by election. From the result of this research, it can be concluded that the circumstances that may lead the employer to have waive their termination right by election are delay in termination, unequivocal conduct to affirm and affirmation of contract. fahmimoksen UTM 140 p. Thesis (Sarjana Sains (Pengurusan Kontrak Pembinaan)) - Universiti Teknologi Malaysia, 2019 2025-03-17T04:37:13Z 2025-03-17T04:37:13Z 2019 Master's thesis https://utmik.utm.my/handle/123456789/57181 vital:131550 valet-20200127-120541 ENG Closed Access UTM Complete Completion Unpublished application/pdf Universiti Teknologi Malaysia |
| spellingShingle | Built environment & surveying Rifhan Natrisya Razali Waiver of employer抯 termination right by doctrine of election |
| thesis_level | Master |
| title | Waiver of employer抯 termination right by doctrine of election |
| title_full | Waiver of employer抯 termination right by doctrine of election |
| title_fullStr | Waiver of employer抯 termination right by doctrine of election |
| title_full_unstemmed | Waiver of employer抯 termination right by doctrine of election |
| title_short | Waiver of employer抯 termination right by doctrine of election |
| title_sort | waiver of employer抯 termination right by doctrine of election |
| topic | Built environment & surveying |
| url | https://utmik.utm.my/handle/123456789/57181 |
| work_keys_str_mv | AT rifhannatrisyarazali waiverofemployerzhāterminationrightbydoctrineofelection |