Law3201 (F) Aug2014
Law3201 (F) Aug2014
Instructions: This paper consists of SEVEN (7) questions. Answer only FOUR (4) questions
in the answer booklet provided. All questions carry equal marks.
Question 1
(a) Malaysian law derives from many sources. Assess the contribution of these
respective sources.
(18 marks)
Question 2
a) In relation to law of agency, discuss the creation of agency by the followings:-
i) ratification
(9 marks)
ii) necessity
(6 marks)
b) Explain THREE (3) duties of agent toward principal. Support your answer with relevant
statutory provisions and decided cases (if any).
(10 marks)
LAW3201 (F) / Page 2 of 3
Question 3
a) The law on minor’s contract is based on two principles, first and most important is that
the law must protect the minor against his own inexperience. The second principle is that
the law should not cause unnecessary hardship to adults who deal fairly with minors.
Explain how the law gives effect to these principles.
(15 marks)
b) In social, domestic and family agreements, the presumption is that the parties do not have
the intention to create legal relations. Discuss.
(10 marks)
Question 4
a) In March 2012, there was a divorce after 2 years of separation. The husband wanted it
made absolute because he could not tolerate the behavior of his wife. He wishes to leave
her and would make financial provision for his ex-wife. Name and discuss the
jurisdiction of the type of court.
(10 marks)
(15 marks)
Question 5
a) With reference to the Sale Of Goods Act 1957, discuss the implied condition that in a
sale of goods by description, the goods must correspond with the description.
(10 marks)
b) Paul bought a new portable television set from TV Dealers for £2000 and paid by
cheque. Four hours after sale, Paul found the set to be defective in that it did not
provide any picture. Paul immediately contacted the Dealers and asked for his cheque
back but they refused.
Explain the relevant implied terms that has been breached with the support from the
relevant cases.
(15 marks)
LAW3201 (F) / Page 3 of 3
Question 6
“ For sale : Honda Civic 2010 RM 70,000. One owner, accident free nice interior, all original.
Well maintained, new facelift. Quick sale required. Will sell to first buyer with RM 70,000
cash who meets me outside the Museum at 5pm on Saturday the 12th September 2012.”
He rings his friend Brian and leaves a message on his voicemail. “ You can have my Civic for
RM 70,000. Call me and its yours.”
At 3pm Brian picks up his message and texts Harry. “Yes! Definitely ! I’ll give the cash this
evening.
a) Decide the legal position of the advertisement in the “ Motor Trade” as an offer or a
mere invitation to treat. Support your answer with relevant case laws.
(10 marks)
b) Identify whether Brian’s text message to Harry can amount as a valid acceptance and a
valid contract.
(5 marks)
c) Discuss if Brian left a message saying “ No, but would you accept RM 68,000 ?”
(10 marks)
Question 7
Mark stayed for a night in the Landsend Hotel. On signing the register, he was given a card on
which were printed opening times of the restaurants in the hotel and details of the laundry
services.
On the back of the card was printed a statement which read as follows;-
The management accepts no liability for loss, destruction or damage to individual items
belonging to guests and valued at £50 or over unless deposited in the hotel safe.
Marks’s room was burgled and he lost his camera and his shoes, valued together at £500.
Advise Mark.
Would your answer be different if the statement was in a form which Mark had signed?
(25 marks)
-THE END-