Q.
Can you predict what question is going to come out on Contract Law this year 2015?
(Series D02 Law 4/6 - Question 1; Contract Law)
A.
Based on the past 4 years:
2011 Q6 invitation to treat vs offer
2012 Q8 intention to create legal relations
2103 Q1 elements of valid contract & how contract be nullified
2014 Q1 contractual capacity & with infant
There is always a question on the basic rules and elements of a contract. Revocation offer and acceptance is another area for questions. In the topic of consideration, there can be more in-depth discussion on consideration being binding or not to the validity of contract.
1. Consideration is part of the necessity to basic element of a valid contract. Comment and contrast this view to the Malaysian Contract Act 1950.
2. When an offer is made to the promisee the promisor can revoke the offer till an acceptance is received. Is this correct? Discuss your case with reference to Contract Act 1950.
3. As you received the offer, you quickly replied with acceptance. Shortly after that you discovered your mistakes, and wanted to call off the deal. Is that possible? Give your answer with reference to Contract Act 1950.
4. What do you understand by 'Past Consideration is Good Consideration'?
5. What are the exceptions to the general rule that an agreement without consideration is void?
Ref:
Earlier posts in past year question bank.
Showing posts with label 2015 Prediction D02 Law. Show all posts
Showing posts with label 2015 Prediction D02 Law. Show all posts
Tuesday, June 16, 2015
Series D02 Law 2/6 - Question 2; Legal System
Q.
Can you predict what question is going to come out on Legal System this year 2015?
(Series D02 Law 2/6 - Question 2; Legal System)
A.
Based on the past 4 years:
2011 Q1 various sources of Malaysian law
2011 Q7 doctrine separation of power, civil jurisdiction lower & higher courts
2012 Q2 explain precedent, coercion, battery & arbitration.
2103 Q2 jurisdiction of Superior Courts and Subordinate Courts in Malaysia
2014 Q3 sources of written and unwritten law in Malaysia.
This topic on introduction to law would repeat much of court system and basic parts of the Malaysian Legal System.
As written and unwritten law came out in 2014 (last year), I would reckon that legal system on hierarchy of courts and the basic doctrines of law might be asked instead. The part on the meaning of law and other common legal terms have been neglected over time. As the repeat is so imminent on hierarchy of courts, I predict that new questions can come out this time.
1. Compare the two Courts of West and East Malaysia. Land matters which are within the jurisdiction of the State, which court has jurisdiction over land matters?
2. Explain the following terms:
(i) stare decisis
(ii) ratio decidendi
(iii) obiter dictum
(iv) res judicata
3. What are the advantages and disadvantages of applying the system of binding judicial precedents?
4. What is the meaning of Law and its relation to the Malaysian Legal System?
5. What are the four major types/parts of the written law in Malaysia. What are their roles and power/hierarchy in the Malaysian legal system?
Ref:
Earlier posts in past year question bank.
Can you predict what question is going to come out on Legal System this year 2015?
(Series D02 Law 2/6 - Question 2; Legal System)
A.
Based on the past 4 years:
2011 Q1 various sources of Malaysian law
2011 Q7 doctrine separation of power, civil jurisdiction lower & higher courts
2012 Q2 explain precedent, coercion, battery & arbitration.
2103 Q2 jurisdiction of Superior Courts and Subordinate Courts in Malaysia
2014 Q3 sources of written and unwritten law in Malaysia.
This topic on introduction to law would repeat much of court system and basic parts of the Malaysian Legal System.
As written and unwritten law came out in 2014 (last year), I would reckon that legal system on hierarchy of courts and the basic doctrines of law might be asked instead. The part on the meaning of law and other common legal terms have been neglected over time. As the repeat is so imminent on hierarchy of courts, I predict that new questions can come out this time.
1. Compare the two Courts of West and East Malaysia. Land matters which are within the jurisdiction of the State, which court has jurisdiction over land matters?
2. Explain the following terms:
(i) stare decisis
(ii) ratio decidendi
(iii) obiter dictum
(iv) res judicata
3. What are the advantages and disadvantages of applying the system of binding judicial precedents?
4. What is the meaning of Law and its relation to the Malaysian Legal System?
5. What are the four major types/parts of the written law in Malaysia. What are their roles and power/hierarchy in the Malaysian legal system?
Ref:
Earlier posts in past year question bank.
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:
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.
Series D02 Law 8/6 - Question 4; Misc
Q.
Can you predict what question is going to come out on Miscellaneous this year 2015?
(Series D02 Law 8/6 - Question 4; Misc)
A.
Based on the past 4 years:
2011 Q8 bill becomes act of parliament
2011 Q5 cost in arbitration process
2012 Q5 procedure of property auction
2013 Q - none
2014 Q - none
Question 5 is usually a question on Arbitration. However, I just include a possible 'miscellaneous' question 4 before Arbitration.
Miscellaneous section can sometimes be combination of two or more topics. Like tort, nuisance and trespass is asked together with arbitration, mediation or strict liability and negligence. They are usually brief and giving definition is sufficient with some comparison among each other.
On the other hand, out of norm questions can come out too. For example 2012 Q5 asked about procedure in property auction, and 2011 Q5 asked about cost incurred in arbitration. These are surprise questions beyond the normal syllabus of 'intro to law'.
1. Distinguish the terms:
i) public nuisance and private nuisance,
ii) arbitration and mediation
iii) void and voidable contract
iv) trespass to person and trespass to land
v) ratio decidendi and obiter dictum
Ref:
Can you predict what question is going to come out on Miscellaneous this year 2015?
(Series D02 Law 8/6 - Question 4; Misc)
A.
Based on the past 4 years:
2011 Q8 bill becomes act of parliament
2011 Q5 cost in arbitration process
2012 Q5 procedure of property auction
2013 Q - none
2014 Q - none
Question 5 is usually a question on Arbitration. However, I just include a possible 'miscellaneous' question 4 before Arbitration.
Miscellaneous section can sometimes be combination of two or more topics. Like tort, nuisance and trespass is asked together with arbitration, mediation or strict liability and negligence. They are usually brief and giving definition is sufficient with some comparison among each other.
On the other hand, out of norm questions can come out too. For example 2012 Q5 asked about procedure in property auction, and 2011 Q5 asked about cost incurred in arbitration. These are surprise questions beyond the normal syllabus of 'intro to law'.
1. Distinguish the terms:
i) public nuisance and private nuisance,
ii) arbitration and mediation
iii) void and voidable contract
iv) trespass to person and trespass to land
v) ratio decidendi and obiter dictum
Ref:
Earlier posts in past year question bank
Series D02 Law 1/6 - Question 5; Arbitration
Q.
Can you predict what question is going to come out on Arbitration this year 2015?
(Series D02 Law 1/6 - Question 5; Arbitration)
A.
Based on the past 4 years:
2011 Q5 - arbitrator challenged & cost incurred in arbitration
2012 Q5 - recourse against award & procedure of property auction
2103 Q5 - power of arbitral tribunal
2014 Q2 - substitute arbitrator & expert appointment
From the topics above, I would predict some repeat of 2011, 2012 & 2013 but not 2014. Hence, the predictions are below:
1. In what circumstances can party(ies) to an arbitration refuse to proceed with the arbitration proceedings? On what ground(s) can the appeal be heard by the High Court?
2. What do you understand by arbitration award being final and binding in court of law? How does it differ from mediation?
3. What would happen if a claimant undergoing arbitration dies during an arbitral proceeding? Does that constitute termination of the arbitral proceeding? If not, when is the arbitral proceeding considered terminated? On the other hand, when is it considered commenced in the first place?
4. What can you do if you are not happy with an arbitration proceeding although you have agreed to an arbitration earlier. One of the arbitrators is your ex-girlfriend and likely still bear grudges against you. List down the procedure to challenge and reject the arbitration/arbitral tribunal.
5. What is an arbitration agreement? How many arbitrator(s) is/are supposed to be appointed?
Ref:
Earlier posts in past year question bank.
Can you predict what question is going to come out on Arbitration this year 2015?
(Series D02 Law 1/6 - Question 5; Arbitration)
A.
Based on the past 4 years:
2011 Q5 - arbitrator challenged & cost incurred in arbitration
2012 Q5 - recourse against award & procedure of property auction
2103 Q5 - power of arbitral tribunal
2014 Q2 - substitute arbitrator & expert appointment
From the topics above, I would predict some repeat of 2011, 2012 & 2013 but not 2014. Hence, the predictions are below:
1. In what circumstances can party(ies) to an arbitration refuse to proceed with the arbitration proceedings? On what ground(s) can the appeal be heard by the High Court?
2. What do you understand by arbitration award being final and binding in court of law? How does it differ from mediation?
3. What would happen if a claimant undergoing arbitration dies during an arbitral proceeding? Does that constitute termination of the arbitral proceeding? If not, when is the arbitral proceeding considered terminated? On the other hand, when is it considered commenced in the first place?
4. What can you do if you are not happy with an arbitration proceeding although you have agreed to an arbitration earlier. One of the arbitrators is your ex-girlfriend and likely still bear grudges against you. List down the procedure to challenge and reject the arbitration/arbitral tribunal.
5. What is an arbitration agreement? How many arbitrator(s) is/are supposed to be appointed?
Ref:
Earlier posts in past year question bank.
Series D02 Law 6/6 - Question 6; Negligent Tort, etc.
Q.
Can you predict what question is going to come out on Negligent and Tort, Strict Liability this year 2015?
(Series D02 Law 6/6 - Question 6; Negligent Tort, etc.)
A.
Based on the past 4 years:
2011 Q8 negligence duty of care - reference to case law
2012 Q7 tort vs contract & elements of negligence
2103 Q6 elements to establish liability under strict liability & public/private nuisance
2014 Q4 professional negligence & distinguish between tort and contract
2014 Q5 developer liability
The topics on negligence is related to tort and liability if damage is proven - hence leading to compensation paid. I would believe each year there is one question on this topic. Recently it came out about developer's liability to defect in construction, hence negligence and compensation claim for strict liability. Similar question might repeat as the topic is important.
Insofar previous questions were repeated extensively on this topic, I suspect that new questions may appear in this year (2015). Inevitably, this topic on tort is definitely wider than originally thought.
1. Strict liability is a tort claim, is it true? And, how does it defer from normal negligence and compensation for damage. If there is harm or bodily injury, is it still tort? Or is it criminal?
2. What is vicarious liability? What are the concepts of vicarious liability?
3. Explain the difference between trespass to land and trespass to person. What has battery got to do with trespass to person?
4. What are the distinctions between libel and slander?
5. List down some of the common defenders against liability in tort. What are the remedies in tort?
Ref:
Earlier posts in past year question bank.
Can you predict what question is going to come out on Negligent and Tort, Strict Liability this year 2015?
(Series D02 Law 6/6 - Question 6; Negligent Tort, etc.)
A.
Based on the past 4 years:
2011 Q8 negligence duty of care - reference to case law
2012 Q7 tort vs contract & elements of negligence
2103 Q6 elements to establish liability under strict liability & public/private nuisance
2014 Q4 professional negligence & distinguish between tort and contract
2014 Q5 developer liability
The topics on negligence is related to tort and liability if damage is proven - hence leading to compensation paid. I would believe each year there is one question on this topic. Recently it came out about developer's liability to defect in construction, hence negligence and compensation claim for strict liability. Similar question might repeat as the topic is important.
Insofar previous questions were repeated extensively on this topic, I suspect that new questions may appear in this year (2015). Inevitably, this topic on tort is definitely wider than originally thought.
1. Strict liability is a tort claim, is it true? And, how does it defer from normal negligence and compensation for damage. If there is harm or bodily injury, is it still tort? Or is it criminal?
2. What is vicarious liability? What are the concepts of vicarious liability?
3. Explain the difference between trespass to land and trespass to person. What has battery got to do with trespass to person?
4. What are the distinctions between libel and slander?
5. List down some of the common defenders against liability in tort. What are the remedies in tort?
Ref:
Earlier posts in past year question bank.
Series D02 Law 3/6 - Question 7; Agent-Principal Relationship
Q.
Can you predict what question is going to come out on Agent - Principal Relationship this year 2015?
(Series D02 Law 3/6 - Question 7; Agent-Principal Relationship)
A.
Based on the past 4 years:
2011 Q4 duties of agents towards principal and ratifying unlawful act of agent.
2012 Q4 relationship between land owner and estate agent.
2103 Q7 partnership & how principal-agent relationship can be created.
2014 Q7 compare and contrast the responsibilities between the principal and the agent.
There is a likely repeat of Agent-Principal relationship in the following manner:
1. Principal is always the winner, agent being a servant is to shoulder the responsibilities and liabilities. Do you agree with this argument? Provide your answers based on the practice of agency contract in Malaysia.
2. Agent who is contracted to represent his principal cannot appoint another agent or agent's agent to replace himself. To what extent is this true?
3. Differentiate partnership, sole-proprietorship and limited company with agency in a principal - agent relationship.
4. What do you understand by "Agent's duty to his principal"? Is the duty not similar to "employee's duty to his employer"?
5. What is the agent's relationship to the third party who is the buyer/seller of the property? Is it greater or lesser than his duty to his principal?
Ref:
Earlier posts in past year question bank.
Can you predict what question is going to come out on Agent - Principal Relationship this year 2015?
(Series D02 Law 3/6 - Question 7; Agent-Principal Relationship)
A.
Based on the past 4 years:
2011 Q4 duties of agents towards principal and ratifying unlawful act of agent.
2012 Q4 relationship between land owner and estate agent.
2103 Q7 partnership & how principal-agent relationship can be created.
2014 Q7 compare and contrast the responsibilities between the principal and the agent.
There is a likely repeat of Agent-Principal relationship in the following manner:
1. Principal is always the winner, agent being a servant is to shoulder the responsibilities and liabilities. Do you agree with this argument? Provide your answers based on the practice of agency contract in Malaysia.
2. Agent who is contracted to represent his principal cannot appoint another agent or agent's agent to replace himself. To what extent is this true?
3. Differentiate partnership, sole-proprietorship and limited company with agency in a principal - agent relationship.
4. What do you understand by "Agent's duty to his principal"? Is the duty not similar to "employee's duty to his employer"?
5. What is the agent's relationship to the third party who is the buyer/seller of the property? Is it greater or lesser than his duty to his principal?
Ref:
Earlier posts in past year question bank.
Series D02 Law 5/6 - Question 8; Valid Contract etc
Q.
Can you predict what question is going to come out on Valid Contract, Voidable Contract or Void Contract this year 2015?
(Series D02 Law 5/6 - Question 8; Valid Contract etc.)
A.
Based on the past 4 years:
2011 Q2 discharging the contract
2012 Q1 doctrine of frustration
2012 Q6 remedies for breach of contract
2103 Q4 void, voidable, illegal contracts & unenforceable contracts
2013 Q8 mistake in contract
2014 Q- none (more on case and theory)
The questions on contract usually concentrate on validity of contract, voidable or mistake in contract (void contract). Misrepresentation, fraud, undue influence and coercion are potential questions in the 2015 exam. Agency Contract is also not much being asked before. I would reckon some form of question on agency contract may appear.
1. How do you differentiate between misrepresentation, fraud and undue influence in a voidable contract? Provide specific section(s) of Contract Act, 1950 to support your argument.
2. Based on English Law, consideration is a necessity in an valid contract. However, appointment of agent by principal is usually without consideration. Based on agency contract, is it therefore an invalid contract? List down the provision for such anomaly.
3. What constitute a voidable contract? Explain coercion, undue influence, fraud and misrepresentation in the context of voidable contract. Is mistake in contract resulting in a voidable contract?
4. How can a contract be discharged? Discuss your answers based on performance, agreement, frustration and breach.
5. What is 'Quantum Meruit'? Explain in the context of a construction contract. How does it affect a breach in contract?
Ref:
Earlier posts in past year question bank.
Can you predict what question is going to come out on Valid Contract, Voidable Contract or Void Contract this year 2015?
(Series D02 Law 5/6 - Question 8; Valid Contract etc.)
A.
Based on the past 4 years:
2011 Q2 discharging the contract
2012 Q1 doctrine of frustration
2012 Q6 remedies for breach of contract
2103 Q4 void, voidable, illegal contracts & unenforceable contracts
2013 Q8 mistake in contract
2014 Q- none (more on case and theory)
The questions on contract usually concentrate on validity of contract, voidable or mistake in contract (void contract). Misrepresentation, fraud, undue influence and coercion are potential questions in the 2015 exam. Agency Contract is also not much being asked before. I would reckon some form of question on agency contract may appear.
1. How do you differentiate between misrepresentation, fraud and undue influence in a voidable contract? Provide specific section(s) of Contract Act, 1950 to support your argument.
2. Based on English Law, consideration is a necessity in an valid contract. However, appointment of agent by principal is usually without consideration. Based on agency contract, is it therefore an invalid contract? List down the provision for such anomaly.
3. What constitute a voidable contract? Explain coercion, undue influence, fraud and misrepresentation in the context of voidable contract. Is mistake in contract resulting in a voidable contract?
4. How can a contract be discharged? Discuss your answers based on performance, agreement, frustration and breach.
5. What is 'Quantum Meruit'? Explain in the context of a construction contract. How does it affect a breach in contract?
Ref:
Earlier posts in past year question bank.
Subscribe to:
Posts (Atom)