Activity – Thomas Sim PEA2066 – Estate Agent's Examination Part 1&2

Thomas Sim PEA2066 wrote a new post, Anticipatory breach 9 years, 1 month ago

Q.
What is anticipatory breach? Give an example for it.

A.
Wikipedia has the below definition of ‘Anticipatory Breach’:

Anticipatory repudiation, also called an anticipatory breach, is a term in the law of […]
Thomas Sim PEA2066 wrote a new post, Various types of Performances – Substantial Performance 9 years, 1 month ago

Q.
Obligation to a contract can be discharged by various ways – frustration, performance, breach and agreement. Discuss the various types of performances.

A.
See 2011 Q2 on discharging contract here.

Part V of […]
Thomas Sim PEA2066 wrote a new post, Undue Influence 9 years, 1 month ago

Q.
Ahmad has been taken care of by his long time agent Salim in all the transaction of his estate holdings. During his younger days, Ahmad had a tough life. He did not go to school and farmed in his Kampung […]
Thomas Sim PEA2066 wrote a new post, Being silent is fraud? 9 years, 1 month ago

Q.
Melvin is a quick tempered person. He makes decision fast. The day he saw the house advertised by you as an agent, he straight away liked it. Edmund who is the house owner is a shrewd businessman. In order for […]
Thomas Sim PEA2066 wrote a new post, Bar to Rescission 9 years, 1 month ago

Q.
When a contract is formed, parties to the contract can call off or rescind the contract if elements of coercion (s.15), undue influence (s.16), fraud (s.17) , misrepresentation (s.18), mistake (subject to s.21, […]
Thomas Sim PEA2066 wrote a new post, Law and regulations affecting strata title holdings 9 years, 1 month ago

Q.
Are all apartment, condo, suite and SOHO the same in the eyes of law?

A.
A good write up is from Chang Kim Loong ‘Not all apartments are the same’ published in The star on 22nd July, 2016, a portion is ext […]
Thomas Sim PEA2066 wrote a new post, Authorities of Agent 9 years, 1 month ago

Q.
What are the 4 authorities of Agent?

A.
The term ‘authority’ in agency law is spelled out in appointment of agents.

There are various ways that agents could be appointed. Various sections of the Part X of […]
Thomas Sim PEA2066 wrote a new post, Agency on contract with 3rd persons 9 years, 1 month ago

Q.
If you have pretended to be the person calling the shots for a property transaction, what happens to its effect onto the principal and 3rd person?

Jone is a new comer to the community. He wanted to buy a […]
Thomas Sim PEA2066 wrote a new post, Ratification – its limitations 9 years, 1 month ago

Q.
When someone who is not an appointed agent, struck a deal with a 3rd person, he goes back to the principal, and get it ratified as a legal contract. Is there anyway that ratification cannot be carried […]
Thomas Sim PEA2066 wrote a new post, What constitute a Valid Contract? 9 years, 1 month ago

Q.
What constitute a Valid Contract?

A.
Refer to What constitute a Voidable Contract? here.
Also see Valid, Void and Voidable Contracts here.

According to Section 10 (1) of Contracts Act 1950, a Valid Contract […]
Thomas Sim PEA2066 wrote a new post, Valid, Voidable and Void Contracts 9 years, 1 month ago

Q.
Differentiate valid contract, voidable contracts and void contracts. Give your answers according to Contracts Act 1950.

When is a contract become VOID? Give an example.

A.
Similar question was posted in What […]
Thomas Sim PEA2066 wrote a new post, Appeal against an arbitral award 9 years, 2 months ago

Q.
Can arbitration proceedings and awards be appealed or challenged in the local court? What are the grounds and procedure? Can the parties effectively exclude any rights of appeal?

A.
Similar question was asked […]
Thomas Sim PEA2066 wrote a new post, When one party denies tribunal's jurisdiction 9 years, 2 months ago

Q.What happens when one party to an arbitration denies that the tribunal has jurisdiction over the dispute? Is the doctrine of kompetenz-kompetenz followed in arbitration?A.The party denying that the tribunal has […]
Thomas Sim PEA2066 wrote a new post, Court intervention in Arbitration 9 years, 2 months ago

Q.Will the local courts intervene to assist arbitration proceedings? Can a party in arbitration delay proceedings by frequent court applications? Provide a case for your discussion.A.Section 8 of the Arbitration […]
Thomas Sim PEA2066 wrote a new post, Arbitration Agreements – requirements 9 years, 2 months ago

Q.Are there any legal requirements relating to the form and consent of an arbitration agreement? What provisions are required for an arbitration agreement to be binding and enforceable?A.The Act that provides for […]
Thomas Sim PEA2066 wrote a new post, A Q&A guide to arbitration in Malaysia 9 years, 2 months ago

Q.Is there a simple straight forward guide to Arbitration in Malaysia?A.There is a good Q&A Guide on Arbitration in Malaysia.Arbitration Procedures and Practice in Malaysia – Overview.By ASHOK Kumar Mahadev Ranai, […]
Thomas Sim PEA2066 wrote a new post, Anns v Merton LBC and Murphy v Brentwood DC 9 years, 2 months ago

Q.Compare and contrast the negligence in Anns v Merton LBC and Murphy v Brentwood. Why is the same concept of ‘duty of care’ different in both cases?A.Anns v Merton LBC, or short as Anns Test is a 2-stage test for […]
Thomas Sim PEA2066 wrote a new post, Quantum Meruit 9 years, 2 months ago

Q.
What is Quantum Meruit, and what case law could you quote for Quantum Meruit?

A.
Read more about Quantum Meruit from Wikipedia here and below.

Quantum meruit is a Latin phrase meaning “what one has earned”. […]
Thomas Sim PEA2066 wrote a new post, Force Majeure 9 years, 2 months ago

Q.
What is Force Majeure?

A.
Please go here to read about Force Majeure.
Thomas Sim PEA2066 wrote a new post, Can minors act as an agent? 9 years, 2 months ago

Q.Can a child of 9 years old act as an agent to source for a toy product for a principal who is involved in toy business?This child while testing the toys in the supplier’s premise caused an out burst of fire and […]
Load More

@admin