Q. (a) A contract of agency may be expressed or implied from certain circumstances and conduct of the parties. Describe three ways by which an agency relationship may arise. (6 Read More …
Author: Thomas Sim E3009
Discharging a contract by agreement
Q. (a) State at least five (5) of the sources of both ‘written’ and ‘unwritten’ law in Malaysia. (5 marks) (b) Under the law of contract: (i) What is the meaning Read More …
Indemnity by principal agent’s act
Q. (a) List six (6) exceptions to the general principle that an agent cannot delegate the authority given to him by his principal. (6 marks) (b) Amat, an agent was authorised by Read More …
English Common Law and Equity in Malaysia
Q. (a) Explain the extent of the application of the English common law and the rules of equity as applied in Malaysia today. (5 marks) (b) In relation to the law of contract: Read More …
Agency Implied or Ratification
Q. (a) Explain any four (4) duties of an agent towards his principal as provided under the Contracts Act, 1950. (8 marks) (b) With reference to the Contracts Act, 1950, explain Read More …
Past Consideration Revisited
Q. (a) Explain the meaning of “binding judicial precedent” in the context of unwritten law in Malaysia. (4 marks) (b) Answer the following questions with relevant cases and provisions of the Read More …
Agency Duty towards principal
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 Read More …
Judicial Precedent Revisited
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 Read More …
Agency Appointment of
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 Read More …
Interpretation Act & Frustration in Contract
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 Read More …
Agency Delegation of Authority
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 Read More …
Intention to create legal relation
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 Read More …
Agency relationship and cases
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 Read More …
Vicarious liability
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 Read More …
Privity of Contract
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 Read More …
D02 Intro to Law – Summary of key Statutes
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 Read More …
50% Exemption on Intrument of Transfer & Loan Agreement
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 Read More …
RPGT Updates 2015
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 Read More …
Fixtures versus chattel
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 Read More …
Rating and its Basis “rebus sic stantibus”
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, Read More …