Q.
a) Explain the three fundamental elements for a valid contract. (10 marks)
b) Describe two (2) situations in which a contract may be nullified. (10 marks)
(20 marks, 2013 Q1)
Showing posts with label 2013 D02 Law. Show all posts
Showing posts with label 2013 D02 Law. Show all posts
Wednesday, February 4, 2015
Superior Courts vs Subordinate Courts Q2
Q.
Compare and contrast the jurisdiction of Superior Courts and Subordinate Courts in Malaysia.
(20 marks, 2013 Q2)
Compare and contrast the jurisdiction of Superior Courts and Subordinate Courts in Malaysia.
(20 marks, 2013 Q2)
Inducement to a Contract Q3
Q.
Zain is considering taking a 6-year lease of a property from a landlord named Salim. One of the lessee's covenants in the lease states that, "All external woodwork shall be painted every two years by the lessee". Qabil as an estate agent tells Zain that if he signs the lease, Salim will be satisfied if the external woodwork is painted at the end of the six years period. Zain is thus induced to sign the lease.
Discuss whether Zain is bounded by the covenant to have the external woodwork painted every two years.
(20 marks, 2013 Q3)
Zain is considering taking a 6-year lease of a property from a landlord named Salim. One of the lessee's covenants in the lease states that, "All external woodwork shall be painted every two years by the lessee". Qabil as an estate agent tells Zain that if he signs the lease, Salim will be satisfied if the external woodwork is painted at the end of the six years period. Zain is thus induced to sign the lease.
Discuss whether Zain is bounded by the covenant to have the external woodwork painted every two years.
(20 marks, 2013 Q3)
Bad Contracts etc. Q4
Q.
Explain:
a) Void contracts.
b) Voidable contracts.
c) Illegal contracts.
d) Unenforceable contracts.
(20 marks, 2013 Q4)
Explain:
a) Void contracts.
b) Voidable contracts.
c) Illegal contracts.
d) Unenforceable contracts.
(20 marks, 2013 Q4)
Arbitration Act 2005 Arbitral Tribunal Q5
Q.
With reference to the Arbitration Act 2005, describe the powers conferred upon the Arbitral Tribunal under Section 21.
(20 marks, 2013 Q5)
With reference to the Arbitration Act 2005, describe the powers conferred upon the Arbitral Tribunal under Section 21.
(20 marks, 2013 Q5)
Strict Liability Cases Discussed Q6
Q.
a) Define
i) private nuisance
ii) public nuisance (4 marks)
b) Discuss with supported court cases, four (4) elements necessary to establish liability under Strict Liability. (16 marks)
(20 marks, 2013 Q6)
a) Define
i) private nuisance
ii) public nuisance (4 marks)
b) Discuss with supported court cases, four (4) elements necessary to establish liability under Strict Liability. (16 marks)
(20 marks, 2013 Q6)
Partnership and Principal-Agent Relationship Q7
Q.
a) Ali and Bidin are partners in a construction company. Bidin entered into a contract to buy building materials from Chong. If Bidin dies before payment is made, is Ali liable to make payment to Chong. Explain. (10 marks)
b) Explain how the principal-agent relationship may be created. (10 marks)
(20 marks, 2013 Q7)
a) Ali and Bidin are partners in a construction company. Bidin entered into a contract to buy building materials from Chong. If Bidin dies before payment is made, is Ali liable to make payment to Chong. Explain. (10 marks)
b) Explain how the principal-agent relationship may be created. (10 marks)
(20 marks, 2013 Q7)
Circumstances affecting Validity of Contract Q8
Q.
'The mere fact that one of the parties to a contract acted under a mistake does not, as a general rule, affect the validity of the contract.'
Discuss the circumstances, when a mistake by one of the parties will affect the validity of the contract.
(20 marks, 2013 Q8)
'The mere fact that one of the parties to a contract acted under a mistake does not, as a general rule, affect the validity of the contract.'
Discuss the circumstances, when a mistake by one of the parties will affect the validity of the contract.
(20 marks, 2013 Q8)
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