Question 1

For RM5,000, Marcus placed an order for the purchase of a new notebook from SoftIndah Sdn Bhd, a computer dealer. Marcus stated specifically that he wanted the notebook in black and with a particular style of cover for the case. Marcus discovered when the notebook was delivered that the notebook was equipped with a different form of case cover, which was inferior in quality to those he ordered. Discuss whether Marcus can sue SoftIndah Sdn Bhd for breach of contract and what are the remedies available to him. [20 marks]

Question 2

In RR Partners, a company that deals with the selling and purchase of luxury apartments, Roger and Richard are partners. Roger and Ricard recently agreed to give Susan, their long-serving employee, the right to earn a bonus of 20 percent of the company's annual net income. Susan was happy about it. Susan decided last month to sell furniture belonging to the company to a client. Roger and Richard, however, declined to grant the client to take delivery of the furniture, arguing that Susan had no right to sell the company's own furniture. Discuss whether Susan has committed any offence under the Partnership Act 1961. [20 marks]

Question 3

Zambri asked Ahmad to act as his agent in order to buy him the land. Ahmad decided, for free, to do so. The instructions of Zambri were that the land should be in Kulim, that it should have at least five hectares and that it should not cost more than RM200,000. In Kulim, Ahmad found a suitable land, but the owner was only willing to sell it at the price of RM500,000. Ahmad agreed to buy the land and, on behalf of Zambri, entered into a contract with the owner. Discuss whether the action taken by Ahmad is within the law of agency. [20 marks]

Question 4

Last year, Billy was named as the director of Duta Ria Bhd. He never got along well with his fellow directors on the board and was quick to criticise all of the directors for any inappropriate conduct. Last month, he received a letter from the Chairman of the Board of Directors announcing that, according to a resolution of the Board of Directors, he had been dismissed with immediate effect as a director. Discuss whether the validity of his dismissal as director can be challenged under the Companies Act of 2016. [20 marks]

Question 5

Jason and David are the directors of Dusun Sdn Bhd, a company dealing in the export of durians. Jason was sent to China last month to discuss a deal with a Chinese company on behalf of Dusun Sdn Bhd. The talks were sadly unsuccessful, and it was made clear to Jason that the Chinese company did not want to give Dusun Sdn Bhd a deal. Upon his return, Jason announced this to the board of directors. He resigned from the firm a month later and managed to negotiate a deal with the Chinese company on his own behalf. From this deal, he made a very big profit. Dusun Sdn Bhd has now discovered this and wants to sue Jason as a director for breach of fiduciary duty and recover the profit he has made. Advise Dusun Sdn Bhd in accordance with the Companies Act of 2016. [20 marks]