Question 1

In relation to the Malaysian legal system, explain the doctrine of separation of powers and discuss its importance and operation. [40 marks]

Question 2

Albert, a motorcar mechanic, entered into a contract with Super Oils Sdn Bhd, a manufacturer of engine oils, for the acquisition of fifty drums of 'First grade, high premium engine oil'. When the drums of oil were delivered Albert found the oil to be of extremely inferiority and highly unsuitable for motorcar engines. He wishes to sue Super Oils Sdn Bhd for breach of contract. However, Super Oils Sdn Bhd denies liability counting on a clause within the contract which states, 'Super Oils Sdn Bhd doesn't give any warranty, express or implied, on the standard of the merchandise contracted for'. Discuss.