Q. Compare and contrast Tort with Contract. A. DISTINGUISH BETWEEN TORT AND CONTRACT: I. AS TO RIGHTS: Law of tort protects right in rem available against the whole world. Law Read More …
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Negligence and Nervous Shock
Q. If I suffer from Nervous Breakdown after witnessing a patient dying on the OT Table with overdose of adrenaline negligent of the attending doctor. Can I claim my suffering Read More …
Depreciation & Doubtful Debts Q2
Where arbitrability becomes a question
Q. Is there any dispute over a contract that cannot be arbitrated? A. “English law has never arrived at a general theory for distinguishing those disputes which may be settled by Read More …
Contingent Contract collateral event
Q.(a) Ali promises to pay Babu a sum of money if he can grow his area sales by 20% this year. The contract may be enforced if the company can Read More …
Contingent Contract – Scenario 4
Q. With example, illustrate the “agreement contingent on impossible events void”. A. See contingent contracts here and Scenario 1 here, Scenario 2 here, and Scenario 3 here, This is S.37 Agreement contingent Read More …
Contingent Contract – Scenario 3
Q. Give an example of contingent contract in property transaction. What happens when the contingencies are not been realized by the expiry of the time period? A. See contingent contracts here and Read More …
Contingent Contract – Scenario 2
Q. When a contingent contract is done between Ali and Abu on a deal of purchasing Abu’s house, Ali did not know Abu would get into trouble not able to Read More …
Contingent Contract – Scenario 1
Q. In a Contingent Contract, what would happen if the event is impossible to be carried out? The scenario below is referred. Allan is a car salesman. Allan sold a Read More …
Contingent Contracts
Q. What is a contingent contract? What has impossible event to do with contingent contract? A. See See contingent contracts here and Scenario 1, Scenario 2, Scenario 3, and Scenario 4. Part Read More …
Agent cannot personally enforce or bound by contract
Q.In a process of transaction, buyer signed the contract with the principal without seeing the principal. He only saw the agent. Can he ask the agent to do the necessary Read More …
Agent not disclosed
Q.In the real estate industry, there are many occasions that agents post themselves as owners of properties. If you happen to believe that is being true, and only found out Read More …
Provision of CA50 on Estoppel
Q.Principle of Estoppel is a common law. Is there a statute in such place? A.The Contracts Act 1950 under Part X – Agency has a provision on such matter. S.190 Read More …
Secret Money
Q. (a) Citing relevant statutory provisions, explain the creation of agency by: (i) Ratification; (4 marks) (ii) Necessity. (4 marks) (b) In relation to agency, explain the difference between actual authority and Read More …
Rights of 3rd person when Agent acted outside his actual authority
Q. (a) With reference to statutory provisions, describe three (3) ways by which an agency may be created, other than by “express appointment”. (6 marks) (b) In relation to an agency Read More …
Valid Contract
Q. (a) What is meant by ‘Judicial Precedent’? (5 marks) (b) Describe the basic elements of a valid contract. (7 marks) (c) State the main difference between a ‘void contract’ and a Read More …
Civil Law Act
Q.(a) State the enabling Act that allows the application of English common law in Malaysia and the conditions imposed for its application. (5 marks) (b) Under the law of contract: (i) Read More …
Tort Crime Contributory Negligence & Absolute Liability
Q. Distinguish (i) Tort, (ii) Crime, (iii) Contributory Negligence, and (iv) Absolute Liability. A. (i) Tort A tort, in common law jurisdictions, is a civil wrong[1] that unfairly causes someone Read More …
Agency appointment by Ratification vs Estoppel
Q.The appointment of agent can be in more than expressed appointment, i.e. written or verbal. However, appointment of agent indirectly by ratification and estoppel is rather confusing. Can you differentiate Read More …
Discharge by performance
Q. What do you understand by discharge of contract by performance? What if performance is by a representative? Or, it is not completed? Is it still performance? Or breach? Refer Read More …