Discuss your answer while making appropriate references to relevant statutory provisions and cases

Discuss your answer while making appropriate references to relevant
statutory provisions and cases

Question 1 25 Marks
Is there a need to invoke the doctrine of promissory estoppel in Malaysia in the face
of the doctrine of ‘waiver’ under Section 64 of the Contracts Act 1950?
Discuss.
Question 2 25 Marks
Ann, a wholesaler, wrote to tell Brian and other retailers that she had just taken
delivery of a quantity of high quality energy-saving LED light bulbs and was offering
them for sale at RM100 per 10 light bulbs.
On February 1st, Brian sent a written order for 50 light bulbs ‘to be delivered by
February 28th and asked Ann to send a ‘written confirmation as soon as possible’.
Brian heard nothing further from Ann and, on February 21st, he telephoned to find
out whether Ann had received the order. Ann told him that everything was fine and
that the confirmation of his order would soon be on its way.
On the morning of March 3rd, Ann posted a confirmation of Brian’s order, but later
in the day Ann discovered that a large number of the light bulbs were defective and
that she no longer had enough to satisfy all the orders which had been placed. She
immediately sent an email to Brian that read ‘cannot accept your order, as light
bulbs have now all been sold’. After reading the email, Brian received the written
confirmation in the post the next morning. No light bulbs have been delivered to
Brian.
Based on the facts above, advise Brian whether a contract has been formed
between him and Ann making necessary reference to provisions of the
Malaysian Contracts Act 1950 and relevant cases.
Question 3 25 Marks
“Safety and health of workers is a part and parcel of human security. As the lead
United Nations agency for the protection of workers’ rights, the ILO has been at the
forefront of advocacy and activism in promoting safety and health at work. Safe
work is not only sound economic policy; it is a basic human right …” (A Quote by
former UN Secretary-General Kofi Annan from his speech in New York on 28 April
2002 for Workers’ Memorial Day)
With reference to above statement, discuss the role of International Labour
Organization in improving working conditions.
Sunway University Business School Sample LAW1014 Final Examination
3
Question 4 25 Marks
Mahmud is a skilled carver of mahogany figures. In January 2011, he entered into a
the contract, in writing, with Hussain to supply twenty figures of swimmers to celebrate
the 25th year of the International Synchronized Swimming Competition, to be held
in Kuala Lumpur in June 2011.
These figures are to be delivered in April 2011. Payment for the figures is to be
made before 30th March 2011.
On the 10th of March 2011, the UK signed an International Convention banning the
import of a rare type of mahogany from Indonesia with immediate effect. This is the
type of mahogany that Mahmud uses for his figures.
Because of the burst of negative publicity about the wood, Hussain terminated their
contract with Hussain on 20th March 2011.
Advise Hussain, whether he would be able to rely on the doctrine of
frustration in event Mahmud takes legal action to recover compensation
under Malaysian Contracts Act 1950. Your answer must make reference to
relevant legislative provisions and cases.
Question 5 25 Marks
Generally, past consideration is not good consideration in Common Law. (Roscorla
v Thomas [1842] 3 QB 234; Re McArdle [1951] 1 Ch 669)
Are there any exceptions to this rule and what is the Malaysian approach to past
consideration?
Discuss your answer while making appropriate references to relevant
statutory provisions and cases.
Question 6 25 Marks
Arvind and Leng Chai go out to a bar for the evening. Arvind offers Leng Chai a lift
home in his car and Leng Chai accepts, even though he knows Arvind to be drunk
and that it is an offence to drink alchohol and then drive.
Neither of them put on their safety belts when they get into the car. Arvind drives too
quickly around a bend and collides with a van being driven by Lee-Ann sustains no
injury but her van, which she uses for her business is badly damaged.
Sunway University Business School Sample LAW1014 Final Examination
4
Arvind suffers a brusied arm and chest. However due to the impact, Leng Chai hits
his head onto the window panel of Arvind’s car smashing it and sustains serious
injury.
Consider the extent to which Leng Chai and Lee-Ann could hold Arvind liable
in negligence and whether Arvind can raise any defences to these claims.
Your answer should make reference to relevant caselaw


 

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