Thomas Sim E3009

(20 marks, 2010 Q2)A.(b)Various causes of depreciation.Please refer to 2012 Q8 here.Ref:Angie Ng – answering to Joanna Wee.2012 Q8 on causes of depreciation.

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 arbitration from those wh […]

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 hit the years target, and becomes void if the company did not even […]

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 c […]

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 […]

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 return to Malaysia. So, what would happen to the […]

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 second hand car Toyata VIOS to Fahan with the […]

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 IV, S […]

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 (like vacating the premise) without […]

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 the truth at the last instance of […]

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 Liability of principal inducing belief that agent’s […]

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 a […]

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 relationship, in a situ […]

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 ‘voidable contract’?  […]

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) Apart from ‘offer’, ‘acc […]

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 else […]

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 […]

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 earlier post discharge […]

Q.
If I have a property rental per month of RM1,600 and the tenancy agreement is for a period of 24 months, how much stamping fee would it be?

(Assuming that I need to produce a copy to the tenant, and I keep […]

Q.
What can you landlords do when your tenants are not paying monthly rent?

A.

FOR COMPLETE READING ON TENANCY MATTERS, read the slides of Mr Lee Siew Seng “Issues of tenancy matters in Malaysia”.

The […]