Showing posts with label 2011 D02 Law. Show all posts
Showing posts with label 2011 D02 Law. Show all posts

Monday, February 2, 2015

Sources of Malaysian Law Q1

Q.
With relevant examples describe the various sources of Malaysian law.

(20 marks, 2011 Q1)

Discharging obligation under contract Q2

Q.
As long as a contract subsists, the parties to the contract are bound to each other. Once the contract is discharged, the rights and obligations under the contract will be discharged as well. Discuss.

(20 marks, 2011 Q2)

Duty of Agent to his principal Q3

Q.
Nelson is an estate agent. He was instructed by Rama to evaluate Building X. Rama has stated that Nelson's Report is important as it will be used by him to make a decision whether or not to buy the building. Nelson prepared a report based on photographs shown to him by the owner of the building. The report is not correct because the floor of the building was damaged and several other parts have been destroyed by termites. Rama has read the report by Nelson and decided to buy the building. Having purchased the building, Rama suffered loss and has restored the building at a cost of RM5 million. Rama wishes to claim his losses from Nelson.

Advise Nelson.

(20 marks, 2011 Q3)

Ratify unlawful act of agent Q4

Q.
Explain the duties of an agent towards his principal and the situations where a principal can ratify the unlawful act of his agent.

(20 marks, 2011 Q4)

Arbitrator challenged Q5

Q.
a) An arbitrator can be challenged only in circumstances that give rise to justifiable doubts as to their impartiality or independence, or if the arbitrator does not possess the necessary qualifications agreed by the parties. Explain. (10 marks)

b) Explain the costs incurred in the arbitration process. (10 marks)

(20 marks, 2011 Q5)

Invitation to Treat vs Offer Q6

Q.
Discuss the importance to differentiate between invitation to treat and offer in law of contract.

(20 marks, 2011 Q6)

Doctrine of Power Separation Q7

Q.
a) Malaysia adheres to the doctrine of separation of powers. Explain. (5 marks)

b) State the civil jurisdiction of the lower and higher courts in Malaysia. (15 marks)

(20 marks, 2011 Q7)

Negligence - Cases Q8

Q.
a) Negligence exist when one owe a duty of care. Explain the above statement with reference to court cases.
(10 marks)

b) Explain by which a legislative bill becomes an act of parliament. (10 marks)

(20 marks, 2011 Q8)