Discharge of Contract Q4

Q.
University Teknologi Malaysia Valuation & Property Management Society planned an academic visit to the Kuala Lumpur City Hall on 14th December 2006. They booked a private coach for this purpose from Aminuddin at a price of RM1,200. They paid a deposit of RM300 at the time of booking.

Consider separately the position of the parties in the following circumstances:-

a) Heavy rainfalls on 14th December 2006 had caused massive flood in the State of Johor and thus preventing the coach from travelling to Kuala Lumpur due to road closures to all traffic. (5m);

b) The Kuala Lumpur City Hall's building was destroyed by fire on 13th December 2006 (5m);

c) On the morning of 14th December 2006, Aminuddin discovered that he has forgotten to renew the road tax and no replacement available. (5m); and

d) On 14th December 2006, the coach was involved in an accident at Air Keroh, Malacca, and the journey cannot be continued. (5m)

(20 marks, 2007 Q4)

A.

Ref:

Tort & Negligence Q5

Q.
Sherry was on a train reading the Economy section of Berita Harian. Rajesh, who was sitting next to her, asked Sherry what her job was and Sherry replied that she was a stockbroker. Rajesh then asked Sherry for some advice on investment and Sherry casually replied that publishing seemed to be a profitable sector. As a result of this conversation, Rajesh invested his life savings in publishing shares. A few months later the value of these shares fell dramatically and Rajesh suffered heavy losses. He sufferd depression and committed suicide. As Rajesh's widow, Mrs Nulapambu, of any action under the tort of negligence that she might have against Sherry.

(20 marks, 2007 Q5)

A.

Ref:

Nuisance Q6

Q.
Adnan and his wife Nora, who are both retired, are the owners of a semi-detached house, located in Taman Putri. There are no houses in front of their house and Adnan and Nora's living room looks out over a flower garden. The neighbouring unit was bought a year ago by Razak. Razak used his house as an office dealing in buying, repairing and selling second-hand vehicles.

As a result, the vehicles frequently parked directly in front of Adnan and Nora's house, sometimes the vehicles left for weeks. Adnan and Nora complained to Razak about the interference to their scenic view and parking problems to visitors. Recently, Razak instructed his workers to purposely park the second-hand vehicles in front of Adnan and Nora's house.

Advice Adnan and Nora as to whether they have a course of action under public and private nuisance against Razak.

(20 marks, 2007 Q6)

A.

Ref:

Constitution Q2

Q:

a) What is the meaning of the Doctrine of Judicial Precedent? (5m)

b) Explain the principles followed by the following courts in applying the Doctrine of Judicial Precedent:-     

i) The Federal Court
ii) The Court of Appeal
iii) The High Court

 (15m)

(20 marks, 2007 Q2)

A.

Ref:

Legislation Q3

Q.
Why must there be control over subsidiary legislation? What are the controls that may be exercised over subsidiary legislation? Discuss. (20m)

(20 marks, 2007 Q3)

Arbitration Q8

Q.
Section 2 of the Arbitration Act 1952 provides that "arbitration agreement" means a written agreement to submit present or future differences for arbitration, whether an arbitrator is named therein or not.

Based on Section 2 of the Act, discuss the following matters by referring to cases:

i) Arbitration agreement (14m)
ii) Differences (6m)

(20 marks, 2007 Q8)

A.

Ref: