Activity

Q.
(a) With reference to the provisions of the Contracts Act 1950, describe three (3) duties of an agent towards his principal in the absence of an express contract of agency. (8 marks)

(b) A contract of a […]

Q.
(a) ‘Judicial Precedent’ is one of the sources of “unwritten laws” in Malaysia.

Explain what is judicial precedent and state its advantages and disadvantages. (4 marks)

(b) In relation to the law of c […]

Q.
(a) Under the law of agency, an agent is required to act only within the scope of authority given to him by the principal and not to delegate such authority. However, under certain circumstances, the law […]

Q
(a) Define the term ‘subsidiary legislation’ as provided under the Interpretations Act, 1948 and 1967 and describe how it is made. (4 marks)

(b) Haron entered into a contract with Aziz to purchase all the […]

Q.
(a) Explain three (3) ways in which an agency may be created. (6 marks)

(b) In relation to the law of agency:

(i) List three (3) exceptions to the general principle that an agent cannot delegate the […]

Q.
(a) What is meant by ‘judicial precedent’? (4 marks)

(b) Under the law of contract, case laws clearly indicate the necessity of an intention to create legal relations between parties to constitute a val […]

A quick summary is here.

AGENT ACTING IN FRAUD OF PRINCIPAL;

The fact that the agent acted in his own interests and in fraud of his principal will not relieve the principal of liability if in fact the […]

Q.
What is vicarious liability? What are the concepts of vicarious liability?

A.
Do not confuse with Strict Liability.

Vicarious liability is a legal doctrine that assigns liability for an injury to a […]

Q.
What is ‘privity of contract’?

A.
Privity of Contract Definition:

A doctrine of contract law that prevents any person from seeking the enforcement of a contract, or suing on its terms, unless they are a […]

Q.
Can you provide a summary if key statutes to remember for exam?

A.
Go here for ‘Summary to Exam Hall’. See also ‘Landmark Cases’ here.

Arbitration

Definition and form of arbitration agreement

9. […]

Q.If Abu is buying a house first time today (08.07.2015), and his purchase price is RM500,000, he is to take maximum loan available to him. What would be the stamp duty payable on SPA and Loan Agreement?A.Based on […]

Q.
Briefly outline recent changes to Real Property Gains Tax 2015 according to Budget 2015.

A.

For sample of calculation go here.

Ref:
Wong & Partners, Client Alert – Budget 2015 on RPGT. Available at,

Q.In real property law, differentiate fixtures from chattel.A.Chattel property is converted into a fixture by the process of attachment. For example, if a piece of lumber sits in a lumber yard it is a chattel. If […]

Q.
Define what you understand by:

i) Hereditament
ii) Chattel
iii) Fixture
iv) ‘rebus sic stantibus’

A.
i) Hereditament

In law, a hereditament (from Latin hereditare, to inherit, from heres, heir) is any kind […]

Q.
You are an estate negotiator. You client asks you what are the stamp duties you have to pay when you rent or buy properties.

A.
Below is extract from D-Choice Properties, a registered estate agent […]

Q.
What are the available exemptions to Stamp Duty (as of 2015)?

A.
Stamp Duty changes over time due to policy of government in its tax collection. Multiplied by measures to curb property speculation and […]

Q.
Owing to old age, Mr Sukumaran left his shoplot to his brother Mr Narenthan to take care. However, Mr Narenthan is a busy man. Although the shop had been rented by En Ghazali for years, the assessment rates […]

Q.
Please list out the key statutes which should be stated in exam.

A.
Go here for ‘Summary to Exam Hall’

Planning Control and Development charge – Town and Country Planning Act, 1976

Planning […]

Q.What are the procedures of objection and appeal to the rating done on your property holding in Sarawak? Isn’t the law different from West Malaysia?A.Yes, the statute that governs local authorities in Sarawak is […]

Q.
Can annual payment of rates be waived or refunded?

A.
Waived:

Only when it is exempted. See Exemption from assessment rates here.

Refunded:

Yes, refund as in earlier posting past year 2012 Q6 […]