TUTORIAL 6/3/2018 by

QUESTION 2

najmiadila — 2018-03-06 02:39:53 UTC

1) Misrepresentation consists of 3 types. Explain further

2) What are the different between mistakes

QUESTION 1

najmiadila — 2018-03-06 02:41:52 UTC

1)What are the elements for contract law?

QUESTION 3

najmiadila — 2018-03-06 02:59:55 UTC

1)What is the process of law in European union?

2) What is the difference between the process of law in Malaysia and EU?

3) Who is responsible to amend the law in Malaysia?

QUESTION 4

najmiadila — 2018-03-06 03:01:05 UTC

1) Explain in details the sources of law available in Malaysia

2) What is Judicial Decision? Elaborate more with example and case law

QUESTION 5

najmiadila — 2018-03-06 03:04:30 UTC

1) Distinguish between implied and express terms

2) What is conditions and warranty? Explain the consequences if there is a breach on conditions and warranty

LIM YUAN (Q1)

2018-03-06 03:17:57 UTC

The elements for contract law are offer, acceptance, consideration and intention to create legal relation. Offer have 2 types are advertisement and option. Consideration have 3 types such as executory consideration, executive consideration, and past consideration. Intention to create legal relation have 2 types are socially,family,other domestic and commercial agreements. For example, Shong Wen go to Waston to buy the shampoo and she makes a offer to pay money for this shampoo. This is option. Example, Watson has do the big sale for Oat Brunch with discount 30% within 2 week. This is an advertisement for offer. Another example, Dee sells a bag on online shopping. Lili has to offer to buy this bag from Dee and Dee accept this offer from Lili. This is acceptance. No offer, no acceptance. Executory consideration is future performance. For example, Ali has send his car to Abu to wash. Ali has promise Abu if after he finish wash his car, Ali will give Abu RM 500. Executive consideration is now or present performance. For example, Ali send the car to Abu. Ali promises to Ali if now Abu wash his car and finish it, he will give Abu RM 500. Past consideration is after the performance have done. For example, Susan has lost her document at Taman Goft but she is do not know her thing is lost. Ali has take Susan's document below the chair at Taman Goft. Ali send to Susan for her document without intention to get reward. Susan has happy and give RM 100 to Ali. Socially, family,other domestic agreement is about the Lili vs her mother. If Lili has get 7A in SPM , mother will give she a luxury car. Lastly, Lili has get 7A in SPM but her mother cheat she. It is not intention to create legal relation.

Dee (Q1)

chen_dp — 2018-03-06 03:18:25 UTC

The elements for contract law are offer , acceptance , consideration , and legal relations. For example , offer will be create when there is acceptance. Then , consideration is devided to 3 types , executive consideration , executor consideration and past consideration.Consideration is careful thought, typically over a period of time. The last for the legal relations is about law jurisprudence. The collection of rules for imposed by author. Then is professional relations, one person requested help from a professional person.

Koo Yan Xin( Q1)

2018-03-06 03:18:32 UTC

The element for contract law are offer, acceptance, consideration and intention to create legal relation. There will be an acceptance when there is an offer such as the advertisement that offer a job and there will be someone that accept the offer. There are 3 type of consideration which are executive consideration, executed consideration and past consideration. Lastly, there will be intention to create legal relation. There are 2 types of intention to create legal relation which are social, family and other domestic and commercial agreement. In the social, family and other domestic there are relation between husband and wife and relation between parents and children.

Shu ting (Q1

2018-03-06 03:18:43 UTC

The elements for cantract law are offer, acceptance, consideration and create the legal intention. Offer is we offer something then another people accept our offer. Offer have divided into two which are option and advertisement. The example for option is in hypermarket, they are doing the promotion for 7 days. Therefore, within these 7 days, you can think that whether you want buy or not. For the example of advertisement is like missing cat. Siti miasing her cat then she post it at everywhere, Ali saw the advertisement then he find the cat. Acceptance is we accept something offer. For example, Ali sell coway machine to Siti, then siti want to buy the machine. But if siti dun want to buy the machine then it not call the acceptance. Consideration is Ali sell the coway machine then siti say she want to cinsider first whether she want to buy or not. Consideration have divided into 3 which are executory consideration, executed consideration and past consideration. Executory consideration is happen in the future, for example, online shopping. Executed consideration is happen in current or now. While, past consideration is happen in the past. Create the legal intention is our intention is legally.

Shu ting (Q

2018-03-06 03:33:43 UTC

1. Misrepresentation consists of three type which are fraudulent, negligent, wholly innocent. Fraudulent is a seller who have intention to give the false statement to the buyer. For example, Ali have a intention to give the wrong information to Abu when Abu buy the coway machine. Negligent is a seller who have a mistake to give the wrong information to the buyer. For example, Ali is a online seller and he want to sell the teddy bear. But, when he insert the information about the teddy bear in the online, he was insert wrong the size of the teddy bear. He insert the size of teddy bear is 120cm but actually his teddy bear is only 120mm only. Wholly innocent is the seller believe that their information that shared to the buyer is correctly. For example, the seller who sell the coway machine believe that the machine is manufacture by singapore but actually the machine is manufacture by korea.

2. Mistake have divided into 3 type which are common mistake, mutual mistake and unilateral mistake. Common mistake is both parties have make the same mistake. For example, Ali stolen the car then he sell to Siti but siti didn't know the car is stolen car. After few years, siti want sell the car and buy the new one , then she sell the car to Abu. When Abu drive the car and meet the police block, he just realise that the car is stolen car. Then he want to sue the siti. Mutual mistake is both parties misunderstanding each meaning. For example, Ali is the land buyer and the Abu is the owner of the land. Abu have two land in Jitra and Alor Setar. Ali think that Abu want sell the land is on Alor Setar but Abu think that the land he want to sell is on Jitra. Unilateral mistake is only one parties misunderstanding the agreement. For example, Siti and Ali have the construction of renovation for siti's house. They sign the agreement that the renovation must settle within three month. But after one month, Ali want to resign and he think that he no need to pay any compensation to Siti. But, actually in the agreement, Ali must pay the compensation to Siti if Ali can not settel the renovation within three months.

Koo Yan Xin (Q2)

2018-03-06 03:34:33 UTC

1) There are 3 types of misrepresentation which are fraudulent misrepresentation, negligence misrepresentation and wholly innocence misrepresentation. Fraudulent misrepresentation is presented the information wrongly with intention. For example, the seller know that the stock of the teddy bear was only 12cm but he told the consumer or the buyer that the teddy bear was 1.2m. After the buyer received the teddy bear , it was only 12cm. This means that the seller had the intention to tell the wrong information to the buyer. Then , there is negligence misrepresentation. Negligence misrepresentation is when the stockist told the wrong information to the seller and the seller tell the wrong information to the buyer. This means that the stockist has the intention to tell the wrong information to the seller but the seller does not know any information about the teddy bear. This cause the seller tell the wrong information to the buyer but he does not have the intention to tell the wrong message to the buyer. Lastly, there is wholly innocence misrepresentation. Wholly innocence misrepresentation is when the seller fully trust the false information from the stockist, then it was a wholly innocence misrepresentation.

2) There are three mistakes which are common mistake, mutual mistake and unilateral mistake. The different between common mistake and mutual mistake are common mistake are both parties share the same mistake in the contract while mutual mistake are both parties misunderstanding about contract. The different between mutual mistake and unilateral mistakes are mutual mistake is both parties misunderstanding about the contract while unilateral mistake is only one parties misunderstanding about the contract.

Dee (Q2)

chen_dp — 2018-03-06 03:35:25 UTC

1) Misrepresentation consists of 3 types. The first one is Fraudulent. Its means , the seller that got a bad purpose to tell the buyer about the wrong information. For example, Siti wants to buy a teddy bear , she found a teddy bear that is 1.2 metre tall , and she call the seller to confirm the size of the teddy bear and the seller tell that it's true the teddy bear is 1.2 metre , but after the teddy bear arrived , the size of the bear its just 12cm . So , the seller has trick Siti with the truth of the size of the bear. The second is Negligence. Its mean a stocklistor that give the wrong information to the seller and the seller also give the same wrong information to the buyer. For example, Ali buy a teddy bear from a online seller , the teddy bear size states there is 1.2 meter , then Ali confirm with the seller about the size , then the seller states the information from the stocklistor that the bear is 1.2 metre tall , but came out that near is just 12cm big. The last one is Wholly Innocent. Its mean the seller give the wrong information to all the buyer and came out a mess.

2) There are three mistakes that are common mistake , mutual mistake and unilateral mistake. For the common mistake is mean that got 3 parties , only one party who know the truth of the story . Then for the mutual mistake is both of the parties are confused with the truth of the situation. The last one is unilateral mistake. Its mean 2 parties only one of the party are confuse with the law statement and misunderstood the wrong information of the situation.

LIM YUAN (Q)

2018-03-06 03:44:54 UTC

1) Misrepresentation consists of 3 types such as fraudulent misrepresentation, negligent misrepresentation and whole innocent misrepresentation. Fraudulent misrepresentation is a false statement who makes a person is believe it is true but actually it is wrong. For example, the seller has give the wrong information to customer because he wants to cheat the customer money but the customer think it is true information. The seller sells a teddy bear in 1.5m to the customer in the RM 5 but actually the teddy bear is 1.5 cm. Negligent misrepresentation is a false statement that someone has makes a person honestly believe it is true or wrong. For example, the seller give accurate information to Ali about a bear 1.5cm is RM 5 but Ali think 1.5m is RM 5. Ali has give wrong information to customer. Whole innocent misrepresentation is a false statement that all is wrong information but the person is believe it is true. For example, the seller has give wrong information about bear is 1.5m for RM 5 but actually is 1.5cm. Ali tells to the customer about the bear. It is wrong information but the seller think is true information.

2)Common mistake is both parties are do same mistake. For example, Ali has buy a new car from Abu but Ali sell a stolen car to Ali. Ali do not know about it and he drives the car to supermarket. When he drive the car go to supermarket, out of the blue the policemen have block his new car and found this car is stolen car. Mutual mistake is two parties have a cross purpose. For example, Ali wants to buy a land from Yan Xin without stated which land. Yan Xin agree to sell and she think Ali want to buy Jitra land because he live in Jitra but actually Ali want to buy Alor Setar and he think Yan Xin only have Alor Setar land. Unilateral mistake is only one party is do a mistake but another party has not all whole wrong misunderstanding. For example, Lili has hire Ali to do renovation for house within 6 month. Ali has do the renovation until 4month and disappear. Lili wants to sue Ali for compensation. Ali think if he do not finish the renovation, he did not need to pay the compensation

Koo Yan Xin ( Q3)

2018-03-06 04:00:47 UTC

1) Firstly, the process of law in European Union are the commission proposal have to be submitted. Then , the proposal was send for the 1st reading in parliament to review. After review by the parliament, the proposal was send for the council for the 1st reading. After the proposal have review and check by the council, the proposal will be sent to the parliament for the 2nd reading and review the proposal and then the proposal have to be sent to the council for 2nd reading. After the reading, if the proposal need to be change it will be send for the conciliation to change the proposal and if it was not agreed by the council then the process will be end. After the conciliation, the proposal will send to the parliament for the 3rd reading for the final check and will send to the council for the 3rd reading. After the council have approved and agreed with the proposal , the proposal will be adopted and proved.

2) The difference between the process of law in Malaysia and European Union are the process of law in Malaysia are shorter that the process of law in European Union. This is because in the process of law in Malaysia have only 5 stages while the process of law in European Union has 8 stages. Then the process of law in Malaysia only need one signature to adopt the law and the process of law in European Union need two signatures to adopt the law. The process of law in Malaysia only have one party and the process of law in European Union have to parties to adopt and review the law.

3) YDPA is responsible to amend the law in Malaysia.

Dee (Q3)

chen_dp — 2018-03-06 04:00:57 UTC

1) The process of law in European Union is Stage 1 is commission proposal is have to be submit. The second is the first reading of parliament is to take review. Then third stage is the first reading of council is review. Then the forth stage is the second reading of parliament is to review and reading the proposal. Then the fifth stage is the second reading of council is to review and reading the proposal. The sixth stage is conciliation check and remark the proposal. The seventh (a) stage is third reading of parliament is to check and review the proposal. The seventh (b) stage is third reading of council is to check and review the proposal. The last stage is proposal adopted. This stage is already approved and finish the proposal.

2) The difference between the process of law in Malaysia and European Union is Malaysia have 5 stage only and European Union have 8 stages of list.
Malaysia process will be morecreate faster than the European Union because the process are more easier to settle.

3) YDPA is responsible to amend the law in Malaysia.

Shu ting (Q3

2018-03-06 04:03:48 UTC

1. The process of law in EU:

Commission proposal - the EU parliament have come out the legislative proposal and then submit to the parliament.
First reading in parliament - the parliament will amend and additing the legislative proposal and then submit to the council.
First reading in council - the council will amend and additing the legislative proposal that send by the first reading in parliament. The they will send to the second reading in parliament.
Secons reading in parliament - the parliament will amend and checking
Second reading in council - the parliament will amend and checking
Conciliation - they will amend, additing and checking the legislative proposal.
Third reading in parliament - amend and check
Thrid reading in council - last checking and send to the president and general secretary.
Proposal adapted - legislative proposal sign by the president and general secretary.

2. The difference between the process of law in Malaysia (M) and EU is

The process of M is only 5 step only while thw process of EU is 9 step.
The law of EU must sign by the president and general secretary while the law of M can use it when the third reading was pass the Bill. To give the Agong is for ''beliau'' assent only.
The law of M is only need one department amend and read only while the law of EU need to department to amend and read.

3. The minister will come out the bill and the parliament will amend the law of malaysia. Our yang dipertua agong will assent the bill.

LIM YUAN (Q3)

2018-03-06 04:11:22 UTC

1.The process of law in European Union have 9 steps:
1) Commission proposal
European Commission has submit the proposal to the European Parliament.
2) 1st reading of Parliament
European Parliament make the proposal in amend or adopt and send to European Council.
3) 1st reading of Council
European Council make amend the proposal to European Parliament to check it.
4) 2nd reading of Parliament
European Parliament will amend and check again the proposal. Then it will send to European Council.
5) 2nd reading of Council
European Council will amend the proposal and send to conciliation.
6) Conciliation
If adopt or agree , it will send to 3rd reading of Parliament. But if not agree, the process will be ended.
7)3rd reading of Parliament
European Parliament just can agree and cannot change the proposal and send to European Council.
8)3rd reading of Council
European Council will check again and agree, it will send to proposal adopted.
9) Proposal Adopted
The proposal must sign by the president and secretary if agree.

If the proposal is not adopted in any step, the process will be ended.

2.The difference between the process of law in Malaysia and EU are :
~ For Malaysia is 5 step only such first reading,second reading, committee stage,third reading and Royal Assent of the bill. For EU is 9 step only such as Commission proposal,1st reading of Parliament,1st reading of Council,2nd reading of Parliament, 2nd reading of Council, Conciliation, 3rd reading of Parliament,3rd reading of Council and proposal adopted.
~ the process of law in EU is more complex, take long time than Malaysia.
~ Malaysia just only one but EU has 2 bodies to approve it.
~ Malaysia is approve by Yang Dipertuan Agong.
~ EU is approve by president and secretary.
~ Malaysia is use bahasa Malay and English.
~ EU is use English.

3. Yang Dipertuan Agong is the person who responsible to amend the law in Malaysia after the process of law in Malaysia at Royal Assent of the bill.

LIM YUAN Q4

2018-03-06 04:56:19 UTC

1. The sources of law available in Malaysia are written law, unwritten law and Islamic law. Written law is statute law. It is a law made by Parliament and legislation have power to make law. The statute law and Common law have conflict, the statute law is more power to do decision than common law. Written law has Federal Constitution and State Constitution. Federal Constitution is a supreme law of the country and enshrines the basic rights of the individual. State Constitution is the sub of Federal Constitution of the law in each state. It is bound to accept and responsible to a legislative assembly by Executive Council. After the Federal Constitution and State Constitution is statute. Next is subsidiary legislations. It is a body namely by legislative assembly (dewan undangan negeri). Unwritten law has English law , custom and Judicial Precedent. English law have common law and equity.

2. Judicial decision is presupposes an existing dispute between two or more parties and involves. It is a binding precedent . It has Res judicata, Ratio decidendi and Obiter dictum. Res judicata is the final order of the court binding the immediate parties to the decision. Ratio decidendi is the reasons for the decision. Obiter dictum is the court do the judgement and give some opinions to defendant and plaintiff. For example, Lili hire Ali to do renovation for kitchen within 5 month . Ali had done the renovation in half in 3month. Another 2 month Ali has disappear. Lili wants to sue Ali for get compensation. The court has makes the decision and he think Ali should pay the compensation to Lili because of Ali has brench of contract. The court has give some opinions to defendant and plaintiff if Ali do not wants to pay the compensation so advise or ask Ali continue to work the renovation finished with new agreement.

LIM YUAN (Q5)

2018-03-06 07:39:25 UTC

1.Distinguish between implied and express terms are :

Implied terms
- Implied terms are the parties to a contract may inadvertently fail to incorporate into the contract certain terms that they will have insist on to complete the contract. 4 types of implied term under the common law approach such as terms implied by the court ( it means the contract has not written into contract but it is everyone is know it and it is grantee basic knowledge in the law ), terms implied by operation of law (there have some specific implied terms such Sale of Goods Act 1957 and Hire Purchases Act 1967),terms implied by custom or usage of market or trade (the court will imply such a term if it is reasonable by virtue of such a custom or usage from the market or trade) and terms implied or imported from the previous course of dealings between the parties.

Express Terms
- Express terms can be defined as the terms that have been specifically mentioned and agreed upon by both parties at the time of making that contract and they can be either in oral or in written.

2. Condition is a statement in contract that it is a main and important statement. Warranty is a statement in contract that is a sub statement and less important statement.

Breach of condition is discharge from further performance of the contract and commercial specifications. For example, Ali has enter into the contract with Siti for do the renovation house. Suddenly, Siti has breach the contract because she has disappear. Ali can discharge the contract and can get the claim for any loss suffered.

Breach of warranty is innocent party entitled to claim damages only . For example, Siti has enter into the contract with Vivi for the sing performance at Jitra Mall for 2weeks. In the contract, Siti must come the Jitra Mall 1 week to preparation before the sing performance. Siti has arrived the sing performance before last 3 days. Vivi want to discharge the contract. For this situation, it is not breach of condition but it is breach of warranty. This statement for 1week before come to Jitra Mall is not important and just it is sub statement in the contract. Vivi cannot discharge the contract but she can claim the compensation from Siti and ask Siti to continue the contract to do the sing performance.

Shu ting (Q4)

2018-03-06 10:57:14 UTC

1. The sources of law available in Malaysia are written law, unwritten law and Islamic law. Written law has divided into two types which are federal constitution and status constitution. Federal constitution is the higher law in Malaysia and it is the main law in Malaysia. All the law must follow the rules and regulations of the federal constitution. Status constitution is the rules and regulations for each status. Each status must have their own rules and regulations. But, the status constitution must follow what are the federal constitutions stated. Federal constitution and status constitution have consists a statutes. These statutes have involved the hire purchase act, contract act, bankruptcy act and marriage and divorce act. If any law did not agree by the federal constitution then that law must be void and be deleted. After the statutes, it was a subsidiary legislative. These subsidiary legislative must follow the rules and regulations that have been set by the federal constitution. If the law did not pass by the federal constitution then the law must be void and be deleted.

2. Judicial decisions have divided into three types which are Res Judicata, Ratio Decidendi and obiter dictum. Res Judicata is the court make the judgment for the case. For example, Ali and Siti sign the construction renovation contract. However, Ali broken the Siti’s house window and he did not want to do the compensation. Then Siti sue Ali and the courts have make the judgment that Ali must pay the compensation to Siti. Then this case only can apply in Ali and Siti only. They cannot apply in other cases. Ratio Decidendi is the legal reasoning. Obiter dictum is legal opinion.

Koo Yan Xin (Q4)

2018-03-06 11:07:28 UTC

1) The sources of law in Malaysia is the sources of the rules to make up the law in Malaysia. The sources of law in Malaysia had included three main sources which is written law, unwritten law and Islamic law. In written law, it can be separate into two section which is Federal Constitution and State Constitution. Federal Constitition is the highest law in Malaysia and it is the same in the whole Malaysia including Sabah and Sarawak. State Constitution is the law only in the states and every states have their own state constitution. After the Federal Constitution and State Constitution, it follow by the statues and the subsidiary legislation. Statues is the sub of the law such as contract act, bankruptcy act, divorce and marriage act and hire purchase act. Subsidiary legislation is when any law that set by some place if against the federal law, it will be void by federal court. In the unwritten law, it can be separate into 3 sections which are English Law, Judicial Precedent and Custom while English Law can separate into 2 sections which are Common Law and Equity.

2) Judicial Decision is the legal ruling of a court in actual cases brought before them. It also have 3 types which is Res Judicata, Ratio Decidendi and Obiter Dictum. Res Judicata is the final order that the court binding the immediate parties to the decisions. For example, when the plantiff and defendant appeal to the court and the judge will the final order or punishment for the parties that have made something wrongly. Ratio decidendi is the reason for the decision that made by the judge. It is the statement of law applied to the problem of a particular case and is the principle upon which a case is decided. For example, the judge will give the reason that why the judge want to give this final order or compensation. Obiter Dictum is a course of a judgement where a judge may express an opinion on a question of the law not directly relevant to the case before him. For example, the judge may give his own opinion to the case based

Shu ting (Q5

2018-03-06 11:36:37 UTC

1. The implied terms is something we did not set up in the agreement. Implied terms have divided into four types which are

· Terms implied by the court

Court will implied the term in the agreement in order to let the parties to follow. For example, A own B money. A must pay B 4 month interest. But, A say these was no stated in the agreement. Therefore, they go to the court. The court say this is impled terms therefore, A must pay back the 4 month interest to B although these did not stated in the agreement.

· Term implied by the operation of law.

Even though did not stated in the agreement but you also need to follow the statutes.

· Terms implied by custom or usage of market or trade

Must follow the special term.

· Terms implied or imported from the previous course of dealings between the parties

A sell machine, B buy the machine, court see the both transaction.

2. Condition is the fundamental importance while warranty is less or minor importance. Breach of condition is the contract directly terminated, it cannot performance anymore. For example, the ship must in port of Australia, but the contract have been make the ship did not at here. Therefore, the contract has been terminated. Breach of warranty is innocent party entitled to claim damages only. The contract still valid and we just claim the damages thing only.

Dee (Q4)

chen_dp — 2018-03-06 11:56:52 UTC

1) The sources of law available in Malaysia is states into 3 , written law , unwritten law and Islamic law. Written law divided into federal constitution (the highest law) and state constitution (the highest law for the state). Then unwritten law is about the english law , judicial precedent and custom (culture).

2) Judicial Decision is a decision presupposes an existing dispute between two or more parties involved. It is a legal ruling of a court in actual cases brought before them. In Public Prosecutor V Datuk Tan Cheng Wee & Anor (1980) 2MLJ 276, Chang Min Tat FJ stressing on the doctrine of stare decisis. It is however necessary to reaffirm the doctrine of stare decisis which the federal court accepts unreservedly and which it excepts the high court and other inferior courts in a common law system such as ours to follow similarly.

Dee (Q5)

chen_dp — 2018-03-06 12:23:47 UTC

1)Implied contract refers to a contract wherein the proposal and acceptance, leading to the contract, is expressed non-verball, for example
Leasing Agreement. And for the express contract is one in which the proposal and acceptance, that results in an agreement, enforceable by law, is expressed verbally, for exexample sale by fall of hammer in an auction sale.

2) The terms condition is a requirement or event that should be performed before the completion of another action, it is directly associated with the objective of the contract, breach of Termination of contract. Then for the terms of warranty is an assurance given by the seller to the buyer about the state of the product, that the prescribed facts are genuine, it is a subsidiary provision related to the object of the contract, and claim damages for the breach.

Koo Yan Xin (Q5)

2018-03-06 12:56:37 UTC

1) The implied term is when the parties to the contract may inadvertently fail to incorporate into the contract certain terms that had they thought of it, they would have insisted on to complete the contract while the express terms of a contract of employment are those specifically agreed between the parties, whether verbally or in writing. For implied terms, there are four types which is term implied by the court, terms implied by the operation of law, terms implied by custom or usage of market or trade and terms implied from the previous course of dealings between the parties. Terms implied by the court is where a term has not been expressly set out in the contract and the court may infer from evidence that have intended to include in the contract. Terms implied by the operation of the law is there are large number of specific implied terms that the court have held will arise on certain specific facts and some of the specific implied terms have been incorporated into statues such as hire purchase act. Other than that, term implied by custom or usage of market or trade means that the court will imply a term when there is a custom and usage pertaining to a particular type of transaction. Lastly, there are terms implied from the previous course of dealing between the parties. It means that the court may import terms from a previous course of dealings between the parties.

2) Conditions and warranty is when once a statement has been established as a term of the contract, it is necessary to consider its precise importance and effect. If the parties regard the terms as essential or of fundamental importance, it is a condition while if the parties regard the term as not essential but subsidiary or of less or minor importance, it is a warranty. If there is a breach of condition, it will be discharge from further performance of the contract. The parties that breach of condition may repudiate the contract and can also claim damages for any loss that have been suffered. If there is a breach of warranty, the innocent party entitled to claim damages only.

Lee Shong Wen (Q1)

2018-03-14 02:13:44 UTC

A contract is formed when an offer by one party is accepted by the other party. There are four elements of contract law which are offer, acceptance, consideration and intention to create legal relation.
Offer is forced under Section 2 (A) of the Contracts Act 1950.The example is like Lily is invites an acceptance to Suzy, Suzy can choose either to accept or reject the offer from Lily, if Suzy is respond "Yes, I accept". Then an offer has been made. An offer can be made either to an individual person which is called unilateral or to an organization which is called bilateral. An offer should be contrasted with an option and advertisement. The example case of option is the sale of 15% discount is open for 1 week because no one have money except uncertain people. There are only one week for the people to think whether to accept the offer or not. The purpose of an option is usually to give the offeree time. Advertisement is like the example of missing cat. Jessie loss her cat about two days, she make an advertisement and stated that who managed to find her loss cat she will give RM500 as a reward.
The second element of the contract law is acceptance. Acceptance is forced under Section 9 of Contracts Act 1950. So far as the acceptance of any promise is made in words, the promise is said to be express. So far as the acceptance is made otherwise than in words, the promise is said to be implied. Acceptance must be communicated to the offer. For example, Ali offer his car to Charlie, if Charlie accepts the offer, both of them legally binding into contract.
The third element of the contract law is consideration. Consideration is forced under Section 26 of the Contracts Act 1950. For instance, Calyssa go to the car wash centre to wash her car. She will pay RM8 to William because William promise to wash her car. If William fail to wash her car, there is no consideration between both of them. An agreement made without consideration is void unless it comes under one of its exceptions.
The fourth element of the contract law is intention to create legal relation. Intention to create legal relation can be divided into classes first is the social, family or other domestic agreements and second is the commercial agreements. Social, family or other domestic agreements divided into four which are agreement between husband and wife, agreements between parent and child, other domestic agreement and social arrangements. Social is not intended to create the legal relation and commercial is presumed to have legal relations between parties.

Lee Shong Wen (Q2)

2018-03-14 03:32:29 UTC

1) There are three types of misrepresentation which are fraudulent, negligent and wholly innocent.
Fraudulent misrepresentation is online seller has intention to make false statement. For example, Queenie wanted to buy teddy bear for her daughter. When she turn out the teddy bear and find the teddy bear is so small with the size of 1.2m. Actually she want to buy teddy bear with the size of 12cm . This means that online seller has make false statement of the fact to client. If online seller know the fact, so the online seller has made fraudulent misrepresentation.
Negligent misrepresentation is a false statement made by a person who had no reasonable grounds for believing it to be true. For example, stockist has tells wrong information of the size teddy bear to the seller, seller has tells wrong information of the size teddy bear to the buyer and actually the seller do not know anything about the size of the teddy bear.
Wholly innocent misrepresentation
is a false statement which the person has believe it to be true. For example, the size of teddy bear is 15cm, seller has makes honestly believing that the size of teddy bear is 1.5m.

2) Mistake have three types which are common mistake, mutual mistake and unilateral mistake.
Common mistake is where the parties make same mistake. For instance, Justin brought a car from Alan and the car is second car. Then, Justin drove his car go to the shopping mall. On his way home, he met the road block and the police have check his car and found that his car is a stolen car. In this situation, Justin can sued Alan because Justin has mistaken belief that the car brought from Alan is a original car but actually the car is a stolen car.
Mutual mistake is where the parties are at cross purposes. For example, Aye want to buy a land from Bee. Bee accepts and sells his land to Aye. The land of Bee want to sell to Aye is from Sungai Petani. Actually, Aye want to buy his land from Alor Setar. Bee has mistaken belief that Aye want to buy his land from Sungai Petani because Aye live in Sungai Petani.
Unilateral mistake is where a party make a mistake only. For example,
Michael hire Bobbie renovation for his house. Michael gave Bobbie RM6000 if Bobbie is complete the renovation process in five months. At the first three months, Bobbie continue to do his work but at the last two months, Bobbie disappear. The renovation process is still not completed. Michael can ask Bobbie for his compensation. Bobbie has mistaken belief that if he does not complete the renovation process, he does not need to pay for the compensation to Michael.

Lee Shong Wen (Q3)

2018-03-14 05:07:06 UTC

1) There are nine stages of the process of law in European Union.

a) Commission Proposal
European Commission submits the legislative proposal to the European Parliament.
b) 1st reading in the Parliament
European Parliament will decide to adopt or amend the legislative proposal.
c) 1st reading n the Council
European Council will make amend what the Parliament make.
d) 2nd reading in the Parliament
European Parliament will decide to adopt or amend again the legislative proposal.
e) 2nd reading in the Council
If the European Council reject the legislative proposal then it will go to conciliation committee.
f) Conciliation
If the conciliation committee do not agree the legislative proposal, the process will be ended. If the legislative proposal is agree by the conciliation committee, it will pass to the 3rd reading in the Parliament.
g) 3rd reading in the Parliament
European Parliament just can accept and cannot amend the agreement. If legislative proposal agree by the European Parliament, then it will pass to the 3rd reading in the Council. If the legislative proposal do not agree by the European Parliament, the process will be ended.
h) 3rd reading in the Council
If the legislative proposal is agree by the European Council, the process will be ended.
i) Proposal Adopted
Signed by the Presidents and Secretaries General of both institutions.

2) In Malaysia only has one body which is Parliament while in EU, it take more times because have two bodies which are Parliament and Council.

There are five stages process of law in Malaysia while in EU process of law, there have nine stages and it more complicated compare to the process of law in Malaysia.

In Malaysia, the Bill signed by one department which is YDPA while in EU, the proposal is signed by the two departments which are Presidents and Secretaries General.

3) Minister introduce a Bill in accordance with the Standing Orders of Parliament. Parliament will make amend on a BIll. When the Bill is passed, it is sent to the Yang Pertuan Agong (YDPA) who is the Supreme Head Of The Federation for royal assent.

Lee Shong Wen (Q4)

2018-03-14 06:05:32 UTC

1) The sources of law available in Malaysia comprise written law, unwritten law and Islamic law.
Written law is also can called as statute law and written law can be combined as a booklet. Under the written law, there have federal constitution and stare constitution.
Federal constitution is highest law which is from whole Malaysia. It is a supreme law of the country and it must be followed by others.For example Kedah, Kedah compromise the main law with all the people in Malaysia so the people in Malaysia must follow the same law. State constitution is depend on each state of the country. For example, Kedah. Kedah have their own rules and regulations and the state constitution must be in accordance with federal constitution. Under the federal constitution and state constitution, also have statute. In interpreting statues, the courts are guided by Hire Purchases Act, Bankruptcy Act, Divorce+Marriage Act etc. Hire Purchases Act is against with federal constitution and the law must be deleted. Under the statutes, there have subsidiary legislation.
Unwritten law is the judge-made law. Under unwritten law, there have English law, judicial precedents and custom. English law does not have any specific law. Judicial precedents is a binding precedent. Under English law, there have common law and equity. Common law is an English legal system. English law forms part of the laws of Malaysia.

2) Judicial decision is a decision of a superior court of law and to be adopted by a judge in making decision. Precedent have three types which are res judicata, ratio decidendi and obiter dictum. Res Judicata is the final order of the court binding the immediate parties to the decision. For example, the case of plaintiff v defendant. The plaintiff is the one who makes the claim and defendant is the person who is to be sued. For example, Suzy and Ali make an agreement. Ali borrow money from Suzy RM30,000. Ali promise and agree to pay the money for Suzy after six months. In the first 2 months, Ali paid like usual, In the third and fourth months, Ali did not paid the money. Ali promise to Suzy he will pay for month five RM10,000 for the money 2 months before. But Ali still did not paid yet for month five. After that, Suzy cannot located Ali. Suddenly, at August, Suzy found out Ali now at Sabah and he already married. Suzy want to claim her money from Ali. Ali will be the defendant. This case need to be submit to the legal argument, after that court will make decision or ruing after the judge look into the evident whether to allow the claim or reject the claim. The judges decided Ali must be pay remaining money plus interest to Suzy. Suzy will be the plaintiff.
Ratio decidendi is the reason for the decision. Obiter dictum is the opinion of the judge and it does not binding on courts.

Lee Shong Wen (Q5)

2018-03-14 09:36:48 UTC

1) Implied term are not expressly set out in the contract because in the main, they are fairly obvious to both parties to the contract of employment while the express term is there are expressly set out in the contract, either orally at the initial interview or in writing.
Implied term include statutory rights, such as the right to equal pay and duties, such as a duty of care while express term included things like pay, hours and holidays.
Implied term in a contract of employment where an important term has been left out while express term must be put in writing and handed to the employee in the form of a written statement of particulars within two months of starting work.

2) Condition is where the parties regard the term as essential or importance. It result in termination of contract. Violation of condition can be regarded as violation of the warranty.
Warranty is where the parties regard the term as not essential but minor importance.Warranty result in claim damages for the breach. Violation of warranty does not affect the condition and it claim damages only.
If there is a breach on conditions, the innocent party is entitled to treat the breach as" repudiatory". The innocent party may decide to either terminate the contract and claim damages or affirm the contract, for example treat the contract as continuing and claim damages. The breach of any conditions entitles the innocent party to be discharged from further performance of the contract.
If there is a breach on warranty, it would not deprive the aggrieved party of " the whole of the benefit of the contract". But it is imperative to appreciate that a term that is a warranty in one contract might nevertheless be a condition in another, it being dependent upon how important that term is to the parties. A breach of warranty entitles the innocent party to claim damages only.