Thomas Sim E3009

Q.Explain the Cost incurred in arbitration process. (10 marks, 2011 Q5 (b)A.(Correction – 06.07.2016)From “The Kuala Lumpur Regional Centre for Arbitration” (KLRCA), under its arbitration rules, cost incurred in […]

Q.Hidden fee are sometimes under-estimated in a property purchase and it can come out to be a daunting figure. How to calculate legal fee and stamp duties for properties ranging from RM100,000 to RM600,000 […]

Q.What are the benefits of investing in commercial properties versus residential properties?A.The following article is extracted from Loanstreet.com.my.Upping Your Game: Residential to Commercial PropertiesIn the […]

Q.What are the differences between “leasehold” and “freehold” properties?A.Property Attributes in Malaysia – Key Things To Look ForWhen purchasing or refinancing a property in Malaysia, there are many different a […]

Q.
It is known that for a contract to be established, there are three basic elements:

Offer & acceptance
Intention to be binding
Consideration

Explain using case law how these elements are […]

Q.Zakaria has been trying to sell his condominium for a few months. May be the market has been slow, or his asking price being too high – RM550,000. Similar property around the same area was going for […]

Q.
Johnson is an avid property investor. He has appointed Ali as his agent to negotiate and buy a bungalow from Ramu. Ramu offered to sell his bungalow in Mudah.my at RM1.4mio. Ali called Ramu for an appointment […]

Q.What the the various measures introduced by the government and Bank Negara Malaysia and to curb the overheating of the property market since 2010?A.See below a summary extracted from Bank Negara […]

Q.Explain by which a legislative bill becomes an act of parliament.A.Once the Cabinet approves the Bill, it is presented to the Cabinet and sent to Parliament for debate in the Dewan Rakyat and Dewan Negara where […]

Q.State the civil jurisdiction of the lower and higher courts in Malaysia.A.The hierarchy of courts of Malaysia starts with the Magistrates Court as the first level followed by the Sessions Court, High Court, […]

Q.What is ‘adjudication’? How does it apply in dispute between parties? How does it differ from ‘Arbitration’?A.Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation […]

Q.What is the effect(s) of ratification?A.An effective ratification places all the parties in a position similar to that which they would have occupied at the material time if the agent had had actual authority to […]

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 as if the principal (without his knowledge) […]

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 Added as correction)
Contracts Act […]

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’ and not ‘responsibilities’. So, by right […]

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 to make a decision whether or not to buy the building. […]

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 is contained in a formal document and which h […]

Q.What are the essential elements of a contract?A.A contract is a legally binding agreement between at least two parties.Overview of ContractsIn order to form a contract, the essential elements […]

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 in […]

Q.In as much detail as possible, explain the land development process in Malaysia.A.LAND DEVELOPMENT PROCESS IN MALAYSIALooking from the Malaysian land administrative perspective, land development in Malaysia […]