40. The explanation to Section 74 of the Contracts Act embodied the general rule that:-

a. the party seeking remedy for damages is also under a duty to mitigate the loss he suffers

b. the party seeking remedy for damages is not under a duty to mitigate the loss he suffers

c. the party seeking remedy for damages is never under a duty to mitigate the loss he suffers

d. the party seeking remedy for damages is not always under a duty to mitigate the loss he suffers

41. In Malaysia the law on specific performance is governed by Specific Relief Act 1950 and specific performance is:-

a. purely equitable in origin and is a discretionary remedy.

b. a remedy originated from the common law of England

c. a remedy invented by the courts in Malaysia and subsequently becomes a statutory remedy

d. a remedy originated from the Malaysian legal system and cannot be found in any other legal system

42. Section 21(2) of the Specific Relief Act 1950 provides that the following cases in which the court may properly exercise a discretion not to grant specific performance:-

i.Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresentation on the plaintiff's part

ii.Where the performance of a contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff

iii.Where the circumstances under which the contract is made are such as not to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresentation on the plaintiff's part

iv.Where the performance of a contract would not involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff

a.i and ii

b.i, ii and iii

c.i, ii, iii and iv

d.all of the above

43. An injunction which seek to prevent a party from committing a breach of contract is called:-

a.a prohibitory injunction

b.a mandatory injunction

c.quantum injunction

d.meruit injunction

44. An injunction which seek to compel performance of a term of a contract is called:-

a.a prohibitory injunction

b.a mandatory injunction

c.quantum injunction

d.meruit injunction

45. Temporary injunctions (Interlocutory injunctions) is the remedy used by a party:-

a.to maintain the status quo of the subject matter in a pending suit/case

b.to compel either party to terminate the contract

c.to order the party in breach to make good of his breach

d.to pay compensation to the party who suffers damage because of his breach

46. Perpetual injunctions (Permanent injunctions) is the remedy that can only be granted by the court:-

a.at the hearingand upon merits of the case and once granted the defendant is thereby perpetually enjoined from assertion of a right or from commission of an act which would contrary to the rights of the plaintiff

b. to maintain the status quo of the subject matter in a pending suit/case

c.to compel either party to terminate the contract

d.to order the party in breach to make good of his breach