• A partner is another partners' agent and does have fiduciary duties towards one and another.*

1 point

Yes

No

• Mr. Arul appoints Kira to be his agent. They agreed that her payment will be made up front, that is, in the beginning of her appointment. Mr. Arul's financial officer refused to pay Kira because he claims that according to the law, the payment of an agent must be given when the work has been completed by the agent. Do think Mr. Arul's financial officer's action is correct?*

1 point

Yes

No

• Partnership at will allows the partners to fix the term of the partnership and end the partnership upon the expiry of the term.*

1 point

True

False

Hanna & Company was sued by a client because the business is a partnership but the word use is "company" ("Co"). Do you think the plaintiff who sues would succeed?*

1 point

Yes

No

• Section ....... allows the partners to expel any partner following the agreement.*

1 point

A. 26

B. 27

C. 28

D. 29

• There are .......... situation where the principal can ratify the appointment of an agent.*

1 point

A. 1

B. 2

C. 3

D. 4

• An agent must be indemnified by the principal if*

1 point

A. There is an emergency and he has to spend his money without asking the principal.

B. There is a need for the agent personal matters

C. There is an emergency and he cannot communicate with the principal.

D. The agent feels he must spend his money in advance.

• Megan need to know about her firms account. She wants to appoint an accountant to do it for her since she has no knowledge about accounting. So she appointed Rahim who pledge not to disclose the matters to anyone. But her partners refused to let her appoint a nominee and decided to sue her. The judge made a decision in favour of Megan. Choose the most correct statement regarding this situation.*

1 point

A. The law allows a partner to do what they what to do.

B. The law prohibits partners from restriction on appointing an outsider.

C. The law allows a partner to appoint a nominee with some restriction to read the account.

D. A nominee can only read the account of a company when all partners allow him to do so.

• Ally is being instructed to work from home by her employer due to the Malaysian Government policy in curbing and fighting Covid-19 pandemic. She decided to go to the office and work there to avoid disturbance from her children. She is being compound. Choose the most correct sentence describing the situation.*

1 point

A. Ally is the agent and the employer is the principal. Therefore, the principal is also accountable to the conduct of the agent.

B. The principal must bear the penalty because Ally is the employee and she was being compound whilst doing her work for the employer.

C. The principal is bound by the agent criminal conduct.

D. The agent must bear the consequences of her own conduct when she acted beyond authority or without authority.

• Agency by necessity allows the principal to have a choice whether to proceed with the agency by giving consent, or to reject the agents' appointment.

1 point

True

False

• A partner is another partners' agent and does have fiduciary duties towards one and another. Choose the most correct statement to illustrate the legal consequences of the situation.*

1 point

A. If a partner commits a crime, the other partners will be liable as well.

B. The partners must ensure they act within the authority.

C. If a partner acted within the authority given and in good faith, the other partners are bound by his action.

D. A partner can take loan without the other partners' consent without authority.

• Ms Chen received a letter of appointment from Malaysian Airline System as a stewardess. She is now an agent of the Airline. Choose the best way to illustrate Ms Chen appointment.*

1 point

A. Appointment by necessity

B. Appointment by express

C. Appointment by implied by the principal

D. Appointment by ratification

• Course of dealing means*

1 point

A. The dealings conducted by the partners in the firm.

B. The series of transaction before any particular situation arises.

C. The express or implied terms and frequently used in the agreement.

D. The series of action between the partners in doing day to day business.

• The partners refused to accept one of the partner's son to be introduce as a new partner in a firm. The rejection by the partners caused the son to proceed with further action. However, in the adjudication process, his claim was rejected due to no locus standi. The above statement refers to the case of:*

1 point

A. Bissel v Cole

B. Byrne v Reid

C. Re Franklin and Swaythling's Arbitration

D. Highly v Walker

• In providing authority or appointment of an agent, the Contract Act provides that an express authority meant that the principal must appoint the agent through written only.*

1 point

True

False

• The following statements are correct relating to the principle in the cases of Highly v Walker, and Bissel v Cole EXCEPT*

A. Even though each partner has power to make decision, but, certain matters required consultation with other partners.

B. There is different procedure in making decision in day to day basis, and decision in matters relating to nature of the business.

C. The fundamental matters relating to business must acquire all partners consent.

D. The partners need to consult each other in all matters.

• Jinggo is a partner in a firm selling car spare part who handle the day to day business of the firm. He accepted his daughter to be a trainee in the firm. His partner is not happy with his decision. They wanted to take action against him. In your opinion as a lawyer, do you the partners will succeed?*

yes

No

• The decision in Kok Hong Leong v Seow Kah Cheng is relating to*

A. rights of firm to be defended in legal proceeding

B. rights of the partners to be reimbursed

C. rights of partners to be in court and act for the firm

D. rights of the firm to preserved its property