Please find the judgment of the case laws listed below and produce a case summary for each of the case laws. This assignment carries 100 marks (maximum 25 marks for each case law) and constitutes 10% of your total coursework carry mark. Please refer to the guideline and grading rubric in preparing the case summaries.

1) Hadley v Baxendale [1854] EWHC J70

2) Heller Factoring Sdn Bhd (Previously Known AsmatangFactoring Sdn Bhd) V Metalco Industries (M) Sdn Bhd - [1995] 2 MLJ 153

3) Choo Tiong Hin & Ors v Choo Hock Swee [1959] 25 MLJ 67

4) Hyde v Wrench [1840] EWCH Ch J90

Format for legal case summary

Facts:

- This part refers to facts that are critical to the case. To understand which facts are critical to the case, it is often necessary to read the entire judgment, and to find out which facts explain why the parties are in court. The facts also identify the important key points of a legal issue. These are the facts upon which the decision is based.

Issue (s):

- These are the legal issues to be decided in the case. For example, in law of contract, the legal issues may be:

i) Was there an offer made by defendant?

ii) Can silence amount to an acceptance in law?

- According to the case in question, the issues should be stated in sufficient detail to guide the reader as to the crux of the case and why it is important. In first instance judgments, the issues to be decided may be a mixture of both fact and law. However, at appeal, the questions are usually ones of law.

Rule of law:

- This section will summarise the courts reasoning in answering the identified issues. In other words, how the law is applied to the facts of the case. Not all judges make the same decisions or agree with one another. Please note which judge said what, including who is in the majority and who is in dissent.

The decision will apply the reasoning to the facts. An example of a decision would be Therefore, the agreement was void because

Holding:

- This states the legal consequences of the decision for example the appeal was dismissed and the appellant was ordered to pay the respondents costs.

Guideline in preparing legal case summary

QUESTIONS TO CONSIDER IN WRITING A LEGAL CASE SUMMARY:

1) Identify the plaintiff and defendant in the case law provided.

2) State the court that preside over the case for the first time at trial.

2) State the court that preside over the case law the second time on appeal.

3) Using your own words as far as possible, summarise the facts of the case (between 150 180 words).

4) What were the legal issues that were presented at trial?

5) What principle/rule of law was applied by the court at trial? State the principle.

6) What was the decision of the court of trial? Which party was successful at trial?

7) What were the legal issues that were presented on appeal?

8) What principle/rule of law was discussed and explained by the court of appeal? Describe the principle applied to the facts. Analyse how the court of appeal applied the principle to the facts. Explain whether the court of appeal agree or disagree with the court of trial. What were the reasons provided by the court of appeal?

9) What did the court of appeal rule in relation to the principle/rule of law applied?

10) Which party was successful on appeal? What was granted by the court to the successful party?