1 a) Critically evaluate the differences between the intrinsic and extrinsic aids to statutory Interpretation? b) Critically...
Question:
1 a) Critically evaluate the differences between the intrinsic and extrinsic aids to statutory Interpretation?
b) Critically discuss the law of precedent in Malaysia with reference to res judicata, ratio decidendi and obiter dictum. Discuss with reference to relevant examples.
3 a) A contract of agency can be expressed or implied for the circumstances and the conduct of the parties. The authority of an agent may be :expressed(given by words spoken or written) Implied (inferred from things spoken or written or from the ordinary course of dealings). Discuss the creation of agency by implication when a person by words or conduct holds another person as having authority to act for him.
4a) In January 2013, James borrowed RM80, 000 from his uncle, Rex, for the purpose offinancing his postgraduate studies in London. James promised to repay the loan in January 2016. James returned from London in 2015. However, until today 7 February 2020 he has not repaid the loan although he has received numerous reminders from Rex. Last month, Rex confronted James at a family gathering and threatened to take legal action to recover the loan. James then orally promised to settle the loan within one week. However, James did not keep his promise. Rex now wishes to sue James for breach ofcontract and recover the outstanding debt.
Required:
Advise Rex on his chances of success.
b) Jaya had promised his wife, Maya, that he would buy her a diamond bracelet for her birthday, which was on 1 February 2020. However, Jaya did not keep his promise. When Maya reminded Jaya about his promise, he replied that he had changed his mind about buying her the bracelet. Maya is disappointed with Jaya and wishes to sue him for breach of contract.
Required:
Advise Maya on her chances of success.
5.One day, while walking home, William trips and falls, damaging his knee. Several days later, while driving to work, he sees Victor crossing the road and brakes to avoid running into him. Unfortunately, due to the pain in his knee, he cannot fully press his brake pedal and, as a
result, he runs into Victor. The collision occurs at fairly slow speed and a normal person would only have suffered bruising as a result, but Victor has brittle bones and suffers two broken legs and a number of broken ribs. He is taken into the local hospital where, due to an administrative mistake, his right arm is amputated. Advise Victor whether he could sue Williams and the hospital for negligence. Discuss also the possible defences available for Williams and the hospital.