INSTRUCTION

The test consists of three (3) questions. Answer all questions

Question 1 [CLO1, C2]

The Parliament of Malaysia represents the democratic structure of the government and reflects the people's aspirations through the elected representatives. It is the highest

legislative body of the country that consists of three main components which are

His Explain the roles of each component of Parliament of Malaysia in law making. (9 marks)

Note : please specify the source of reference. (link address/book/article)

Question 2 [CLO2,C3]

Read the article and answer the questions below.

Nelydia Senrose Facing RM160k Lawsuit For Breach Of Contract

Majesty The King, Senate and House of Representatives.

By Tahir Alhamzah - July 7, 2020 @ 8:13pm

KUALA LUMPUR: Actress Nelydia Senrose is facing a lawsuit filed against her by cosmetics company Chriszen Malaysia Sdn Bhd, for breaching a contract as its brand ambassador last year.

Chriszen Malaysia is claiming damages totaling RM160,000 from Nelydia, which covers the fee paid to her, including other costs incurred. The company's managing director Mandy Leong Cheng Mun told the Kuala Lumpur High Court today that a sum of RM102,000 had already been paid to the 25-year-old artiste, whose full name is Nik Zaris Nelydia Nik Sen.

Leong claimed that throughout last year, Nelydia had failed to fulfil her responsibility as the ambassador to promote the products befitting the sum, which is 70 per cent of the total amount of fee, agreed by both parties when the contract was signed in December

2018.

"According to the contract, she must appear twice in a TV programme, attend the product launch and upload 15 entries on her social media. But she had failed to upload even a single posting on social media to promote the product," she explained in a news report today. In her statement as a witness, Leong said Nelydia, who is the second defendant, had only undertaken a photoshoot session during that one-year period.

Presiding the proceedings was Judge Shamsuddin Abdullah.Meanwhile, Nelydia, who was also present, and accompanied by her husband Mohd Hafez Halimi Abdul Hamid, however refused comment so as not to interfere with the court proceedings.

Source : https://www.nst.com.my/lifestyle/groove/2020/07/606696/showbiz-nelydia-senrose-facing- rm160k-lawsuit-breach-contract

a) Examine the issue of the case. (2 marks)

b) Illustrate the relevant provision under the Contract Act 1950 regarding the issue. (3 marks)

c) Exhibit ONE (1) relevant case to support your answer. (3 marks)

Note - please specify the source of reference. (link address/book/article)

d) Construct your conclusion of the above issue. (3 marks)

Question 3 [CLO2,C3]

Read the article and answer the questions below.

Sheila Rusly, Partner Fail To Settle Dispute Out Of Court

Tuesday, 02 Mar 2010, 12:00 AM MYT

KUALA LUMPUR: A second attempt by actress Sheila Rusly and her former business partner, Datuk Azlina Che Abdullah, to settle the dispute over their nasi dagang restaurant business out of court met with a dead end. Following this, High Court judge Tinggi Datuk Lim Yee Lan, fixed three days, beginning July 14, to continue hearing the case.

On June 24, 2006, they were ordered by Judicial Commissioner Dr Badariah Sahamid to settle their case out of court, but they failed to do.

Sheila, 39, and Azlina, 44, were present at the court today. Both of them went into the judge's chambers and came out about 10 minutes later. After that their counsel went in.

Sheila was represented by lawyer A.Krishnakumar and Azlina, by lawyer Azahir Nasir. When approached by reporters later, Sheila and Azlina said they could not reach a settlement.

On Jan 21, 2006, Sheila filed a suit against Azlina for breaching an oral agreement pertaining to the Restoran Nasi Dagang House, which served east coast cuisine.

In her statement of claim, Sheila said that in April 2005, she and Azlina agreed to open the restaurant business together. According to the oral agreement, Sheila claimed that she was required to promote the restaurant business through television programmes and among artistes, while Azlina was responsible for the recipe and main dishes to be served at the restaurant.

Restoran Nasi Dagang House, which opened on July 11, 2005, was in business less than two months. Sheila is claiming her investment of RM55,000 and profits from Sept 1-30, 2005, loss of future income, general damages and other damages deemed fit by the court.

Azlina, in her defence statement, claimed that the restaurant business failed because of Sheila's failure to tend to the business when it was her turn to do so. - Bernama

Source : https://www.thestar.com.my/news/nation/2010/03/02/sheila-rusly-partner-fail-to- settle-dispute-out-of-court

a) Examine the issue of the case. (2 marks)

b) Illustrate the relevant provision under the Partnership Act 1961 regarding the issue.

(3 marks)

c) Construct your conclusion of the above issue. (3 marks)

d) Apply the best partnership dissolution method if both parties do not wish to continue the partnership. (2 marks)