Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

1. Gunna, an agri-entrepreneur comes to you to find out about important things before he can start marketing his agricultural products online. Gunna is confused

1. Gunna, an agri-entrepreneur comes to you to find out about important things before he can start marketing his agricultural products online. Gunna is confused about the information that will be displayed on his website later. He was able to know that, in general, advertisements on websites would not form an official offer to contract. In fact, the contract will only be formed after the customer makes an offer by placing an order and the supplier accepts this offer". Briefly discuss two (2) basic principles in Contract Law that Gunna should know in relation to his confusion. (10 marks)

2. Kumar and Naina are an elderly couple living in a luxury house at the end of Kampung Lambak. All of their children live far away in the city. Some have migrated to neighboring countries. Karim and Amyna are a young couple who migrated to Malaysia 10 years ago and each worked as a carpenter and a food stall assistant in a nearby town. Following on from an incident when Karim and Amyna who had inadvertently helped manage Kumar get emergency treatment after being found suddenly fainting in the middle of the city two years ago, Kumar had invited Karim and Amyna to set up a small room on the vacant land adjacent to their mansion. At first, Karim refused to accept Kumar's proposal. However, Naina insisted that Karim and Amyna should not refuse her husband's request. Furthermore, Naina is increasingly worried about herself who is also helpless and she is actually more worried about not being able to help her husband if they face any worse events while at home. After being persuaded several times, then, Karim and Amyna agreed with Kumar and Naina's proposal, however; they promised to pay a sum of money as rent to set up a room there. On the other hand, Kumar and Naina will only receive money from Karim and Amyna which will not exceed RM50 every month just to reduce Karim and Amyna's guilt. And, they also stated that Karim and Amyna ".... can stay there as long as they like." After Kumar's recent death, Julianne, one of Kumar and Naina's children acted to evict Karim and Amyna from their residence on the grounds that Julianne was the owner of the entire land and residence of their parents as stated in Kumar's will. Meanwhile, Naina is no longer able to think straight after losing her husband due to grief. Naina does not seem to know who Karim and Amyna are anymore. Karim and Amyna meet you to find out more about the position of the agreement agreed between them with Kumar and Naina over the years. Advise Karim and Amyna on their rights in terms of Contract Law. (20 marks)

3. Paman has been hired for the past 15 years by a famous millionaire, Roland who lives in Singapore to look after his durian orchard in a village in Pahang. Considering that in recent years, Roland seems to be less inquisitive about any income, profit, and loss regarding the sale of fruits from his orchard, Paman also began to act carelessly with his duties in the orchard. Unbeknownst to Roland, Paman had asked Nomy, a troubled teenager in the village to help him pick up the durians that had fallen during the recent fruit season. Paman thinks Nomy is a young man who deserves help apart from the relatively low wage asked for. Furthermore, Paman is already less able to manage Roland's orchard alone. Apparently, behind Paman's back, Nomy had acted to conspire with Ms. Kam, a middleman from Kuala Lumpur, and to collect durians from the orchard on a large scale at a much lower price than the market in silence. Finally, Paman managed to sniff out Nomy's bad deed and reported it to Roland. In your opinion, can Roland claim any damages from the actions of Paman, Nomy, and Ms. Kam? Describe Roland's rights according to aspects of Agency Law. (20 marks)

4. Originally, it was just a hobby but day after day, three good friends namely Cashel, Bono, and Phily found that their hobby of buying and reselling new residential houses has provided a very lucrative profit. Since their initial involvement in this hobby, the three of them promised to issue an equal amount of capital. The same goes for the division of profits earned or losses incurred. The preoccupation with making multiple profits has caused Cashel and Bono to fall into their next hobby which is online gambling. Profits from home buying and reselling activities have been channeled into their new hobbies. Since Cashel and Bono became involved with this new hobby, the profits of the business are no longer given to Phily because they think that Phily is a person who is always serious and does not appreciate fun. Phily's advice for them to abandon the detrimental hobby was totally ignored. Their business is facing financial problems and this situation is known to Phily's cousin, Mica who offers a loan to overcome the problem. Phily agrees to Mica's suggestion. The business of these three friends was successfully restored by Phily. After two months of their business re -profitable, Phily voiced a desire to claim his share of the profits earned as well as the repayment of the loan to Mica. Cashel and Bono ignored Phily's request and insisted that the three of them had never made any agreement to share profits and losses and even according to the two friends, their business had never been registered. Cashel and Bono added that the activities they were doing were purely a hobby and not a serious affair to allow Phily to sue or make any legal claims. In connection with the repayment claim from Mica, Cashel and Bono stated that Phily made the decision on their own to make the loan without discussing it with the two of them first. So the debt is Phily's personal debt to Mica and must be paid off himself. Phily wants to sue Cashel and Bono. Give legal advice to Phily. (20 marks)

5. Sonja is a designer for women's clothing seller who sells her wares from house to house. Sonja has gone to Petra's house and Petra is interested in the clothes shown to her. Petra intends to try on the dress first. Sonja allows Petra to keep the dress for three days, provided Petra returns it to Sonja if Petra is not satisfied with the dress. The next day, Petra had lent the dress to her sister, Kelli who had worn it to a birthday party. Kelli had stepped on the end of the dress with her high heels and as a result, the part was severely torn. The incident of the damage to the dress was already known to Sonja. Sonja demands payment from Petra but Petra refuses to pay it. Sonja wants to sue Petra. Advise Sonja from a legal point of view. (20 marks)

6. Correlate the right of the hirer to sign a hire purchase agreement with Section 4B(2) of the Hire Purchase Act 1967. (10 marks)

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Financial Accounting and Reporting a Global Perspective

Authors: Michel Lebas, Herve Stolowy, Yuan Ding

4th edition

978-1408076866

Students also viewed these Law questions