Thomas Sim E3009

Q.How is Arbitration available as an option for dispute settlement in Malaysia? How does it differ from Court settlement?A.On March 15, 2006, Law 646 of 2005, on Arbitration came into effect in Malaysia replacing […]

Q.
List down the exemptions available under RPGT Act, 1976.

A.
Earlier post on exemption with reference to Richard Oon Hock Chye was posted here.

Exemption from RPGT

RPGT exemptions currently available […]

Q.
Judicial precedence, a doctrine which comprises of res judicata, ratio decidendi and obiter dictum. Is it always followed? What are the advantages and disadvantages of deviating from judicial […]

Q.The necessity to draw a distinction as to whether a website advertisement is an invitation to treat or an offer is also where customers’ response is met by a purely programmed response of a computer, without any […]

Q.
Whether the automated response Kodak sent to the customers for their orders and saying that $100 would be taken from their credit cards as monetary consideration, was indeed an acceptance to a […]

Q.
Items on Internet website: Invitation to treat or offer?

A.

The Electronic Commerce Act 2006 (hereinafter referred to as ECA) was introduced on 31st August, 2006 and came into force on 19th Oct, […]

Q.I am a cook. Recently, I am approached by a prospective employer for a job offer. My employer has included a restrictive covenant in my service contract which prohibits me from joining any future employer who is […]

Q.
Explain “Undue Influence” as per Contract Act, 1950.

A.
“Undue influence” 

A question on this subject came out in a narrative case in:
2013 Q3 here, inducement or undue influence.
MIA QE 2014/3 Q1 ( […]

Q.
List out the most important elements of a valid contract.

A.
On ‘Proposal’ and ‘Acceptance’ please refer below:

MIA QE 2009/9 Q1 (a)(i) explain the conditions of accepting an offer.
MIA QE 2010/3 Q1 […]

Q.
b) Discuss with supported court cases, four (4) elements necessary to establish liability under Strict Liability. (16 marks)

(16 marks, 2013 Q6b)

A.
Basic of Strict Liability go here. Advantages and […]

Q.
What are the implications of law when dealing with ‘Nuisance’?

A.
Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are […]

Q.
What would be the consequences of law if mistakes are found to be exist in a contract:

Common Mistake
Mutual Mistake
Mistake relating to documents

A.
Similar question was asked in
2013 D02 […]

Q.
Explain in your own language what is local plan and the process of local planning to its implementation in accordance to Town and Country Planning Act, 1976.

A.
An extract is taken from “A theoretical […]

Q.
What would happen if there is a big scale project which encompasses more than a Single State jurisdiction?

A.
Section 6A of the TCPA, 1976 specifies that Regional Planning Committee would be set up to […]

Q.Who is responsible for the development of the State Land?A.Town and Country Planning Act, 1976 provides that under Section 3 – General Planning Policy, and subject to Clauses (5) and (6) of Article 91 of the […]

Q.
What are the functions of Local Planning Authorities?

A.
Section 6 of the TCPA, 1976 has provided the Functions or local planning authorities.

S. 6 (1) The functions of a local planning authority shall […]

Q.
What and who is in charged of the State Planning Authority, or is it different from Local Planning Authority?

A.
Section 5 (1) of the Town and Country Planning Act, 1976 specifies that every local […]

Q.What is ‘Local Plan’ and its relationship with ‘Local Planning Authority’ in accordance to TCPA 1976?A.’Local Plan’, in relation to an area, means the local plan for the area, and any alteration of the plan, for […]

Q.
What is the definition of ‘Development Plan’ in Town and Country Planning Act, 1976?

A.
“Development Plan’, in relation to an area, means –

(a) the local plan for the area; or

(b) if there is no […]

Q.
What is the definition of ‘material change’ according to Town and Country Planning Act, 1976?

A.
Similar question was posted in ‘material Change’ here.

There are two parts of definitions, one for the […]