Tuesday, June 16, 2015

Series D02 Law 7/6 - Question 3; Case scenario

Q.
Can you predict what question is going to come out on Case Scenario this year 2015?
(Series D02 Law 7/6 - Question 3; Case scenario.)

A.
Based on the past 4 years:

2011 Q3 duty of agent to his principal
2012 Q3 promissory estoppel
2103 Q3 fraud in inducement to a contract
2014 Q3 promissory estoppel

Promissory Estoppel is a common question in this part. Usually a case is given and you are required to identify the common law or case which is precedent to this scenario. It is asked in question 3 where a scenario is given, and you are required to interpret the case and provide advice to the subject involved with the scenario.

There is difficulty in coming out with a question on this as anything can be asked in a scenario format.

1. On offer and acceptance - Ah Kee has bought a tennis racket online thinking it is a super discount. The online store had taken his credit card and now emailed to Ah Kee that it was wrongly priced. The online store cancelled the transaction, and refunded the money. Ah Kee felt cheated, and asks you for advice. What advice can you give Ah Kee?

2. Elizabeth planned for her holiday at Mount KK last month. Before she embarked on her trip to KK, she called up the car rental company in KK and booked and paid for (online) a Honda CRV air-conditioned. However, when she reached KKIA, she saw an old Kembara with air-con not functioning well. She was told to either take it as they have no more car, or forfeit her payment. Advice Elizabeth.

3. Zakaria appointed Alam to solicit a buyer for his old Toyota Camry at an offer price half of the market value because he is in need of cash. Alam himself thought that it was a good car, so asked Zakaria if he could buy it himself. Zakaria agreed but no money changed hand. In the meantime, however, Alam still wants to earn a fee so he told another Masniah that the Camry is RM3,000 more and he sold it. Zakaria found out the RM3,000 more, and said that is his money. Advice Alam and Zakaria.

Ref:
Earlier posts in past year question bank.

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