Q. What is ratification and how is it affecting the principal? In what conditions can a contract be ratified? A. To ratify means to approve and confirm an act done Read More …
Author: Thomas Sim E3009
I am the founder and webmaster of estateagentexam.com. This is an E-Learning website for Diploma in Estate Agency Examination conducted by Board of Valuers, Appraisers, Estate Agents and Property Managers, Malaysia (BoVAEP). I am contactable at 012 - 8866 090 and email address simyansun@gmail.com.
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 Read More …
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 Read More …
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) A. An invitation to treat is a term used in Read More …
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 Read More …
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) A. (18.08.2015 Read More …
Duties of Agents
Q. List down the duties of an agent under common law. A. (5) Agent’s duties to principal under common law. (Be careful here as the question used the word ‘duties’ Read More …
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 Read More …
Sources of Malaysian Law 2
This is a model answer from ACCA Dec 2010 (Malaysian Law Variant) This question tests the candidates’ knowledge on sources of law. (a) Written law refers to the law that Read More …
Sources of Malaysian Law Q1
Q.With relevant examples describe the various sources of Malaysian law. (20 marks, 2011 Q1) A. Written Law The written law is the most important source of Malaysian Law. The written Read More …
Essential Elements of Contract
Q.What are the essential elements of a contract? A.A contract is a legally binding agreement between at least two parties. Overview of Contracts In order to form a contract, the Read More …
Arbitration Act Revisited
Q.There are two Arbitration Acts in Malaysia, namely Arbitration Act 1952 and 2005. What are their differences and how to determine which Act is enforceable?A. Procedures & Laws Governing Arbitration Read More …
Role of Negotiator
Role of Estate Agent
Pro-tenant or Pro-landlord?
Q. It is said that Malaysia is pro-tenant and not pro-landlord. Why is that so? A. FOR COMPLETE READING ON TENANCY MATTERS, read the slides of Mr Lee Siew Seng Read More …
Recover from Tenancy
Q. If you have a disgruntled tenant who does not pay rental for some time without indication of moving out, what can you do? A. FOR COMPLETE READING ON TENANCY Read More …
Contract – intention Q8
Q. ‘The intention to create legal relations is an essential element in a binding contract.’ Explain this statement. (20 marks, 2012 Q8) A. Please see: MIA QE 2008/3 Q1(ii) on Read More …
Elements to prove negligence
Q.Explain all the elements necessary to prove negligence. A. In order to prove that the defendant was negligent and therefore liable for your injuries, you must prove all of the Read More …
Tort vs Contract Q7
Q. a) Distinguish between tort and contract. (10 marks) b) Explain all the elements necessary to prove negligence. (10 marks) (20 marks, 2012 Q7) A. See a good comparison here Tort Read More …
Contract – breach of contract Q6
Q.Critically discuss the remedies for breach of contract. (20 marks, 2012 Q6) A.(15.08.2015 Added as correction)In Contracts Act 1950, the provisions are from S.74 – 76 extracted below. The remedies Read More …