Q.Zakaria has been trying to sell his condominium for a few months. May be the market has been slow, or his asking price being too high – RM550,000. Similar property Read More …
Tag: 1.2
WhatsApp & SMS in Contract
Q. Johnson is an avid property investor. He has appointed Ali as his agent to negotiate and buy a bungalow from Ramu. Ramu offered to sell his bungalow in Mudah.my Read More …
How Bill becomes Act of Parliament
Q.Explain by which a legislative bill becomes an act of parliament. A.Once the Cabinet approves the Bill, it is presented to the Cabinet and sent to Parliament for debate in Read More …
Civil Jurisdictions of Courts in Malaysia
Q.State the civil jurisdiction of the lower and higher courts in Malaysia. A.The hierarchy of courts of Malaysia starts with the Magistrates Court as the first level followed by the Sessions Read More …
Adjudication vs Arbitration
Q.What is ‘adjudication’? How does it apply in dispute between parties? How does it differ from ‘Arbitration’? A.Adjudication is the legal process by which an arbiter or judge reviews evidence Read More …
Effects of Ratification
Q.What is the effect(s) of ratification? A.An effective ratification places all the parties in a position similar to that which they would have occupied at the material time if the Read More …
Ratification – Conditions
Q. What is ratification and how is it affecting the principal? In what conditions can a contract be ratified? A. To ratify means to approve and confirm an act done Read More …
Sources of Malaysian Law 2
This is a model answer from ACCA Dec 2010 (Malaysian Law Variant) This question tests the candidates’ knowledge on sources of law. (a) Written law refers to the law that Read More …
Essential Elements of Contract
Q.What are the essential elements of a contract? A.A contract is a legally binding agreement between at least two parties. Overview of Contracts In order to form a contract, the Read More …
Arbitration Act Revisited
Q.There are two Arbitration Acts in Malaysia, namely Arbitration Act 1952 and 2005. What are their differences and how to determine which Act is enforceable?A. Procedures & Laws Governing Arbitration Read More …
Elements to prove negligence
Q.Explain all the elements necessary to prove negligence. A. In order to prove that the defendant was negligent and therefore liable for your injuries, you must prove all of the Read More …
Mediation vs Arbitration
Q.What is the difference between mediation and arbitration?A.Mediation is a voluntary dispute resolution process; all parties must consent to participate in good faith and work toward a mutually agreeable resolution. Read More …
Advantages of mediation
Q.What are the advantages of mediation? Is it legally binding? A. The benefits of mediation[1] include: Cost—While a mediator may charge a fee comparable to that of an attorney, the mediation Read More …
Mediation
Q. Explain the terms below in the context of legal proceedings: a) Mediation b) Lawyer supported mediation c) Party-directed mediation d) Restorative justice e) Collaborative law f) Conciliation a) Mediation Read More …
Battery
Q.What do you understand by “battery” in the context of law? A.Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. (Wikipedia)In the United Read More …
The Equity
Q.Define “Equity law” or “Law of Equity”.A. (1) Fairness or natural justice. (2) That body of rules formulated and administered by the Court of Chancery to supplement the rules and procedure Read More …
The Common Law
Q.What do you understand by “Common Law” A. That part of the law of England formulated, developed and administered by the old common law courts, based originally on the common Read More …
Coercion
Q. Briefly explain; Coercion A. Similar question was asked in: MIA QE 2012/3 Q1 (b)(i) Coercion MIA QE 2014/3 Q1 (c)(i) which render a contract voidable What constitute a voidable contract? Read More …
Contract – force majeure
Q. What is ‘Force Majeure’ in contract law? A. Force Majeure or vis major (Latin) “superior force”, is also known as cas fortuit (French) or casus fortuitus (Latin) “chance occurrence, unavoidable accident”,[1] Force majeure is a Read More …