SUBJECT COMMERCIAL LAW QUESTION: With reference to the prevailing laws in Malaysia, prepare a report highlighting the relevant legal issues raised in the above conversations. PS : Relevant legal authorities are crucial to support the explanation or discussion.

TASK 2 Sumbul was a former Universiti Malaysia Sabah (UMS) student who graduated in 2012. Sumbul often skips classes, particularly the Commercial Law (CL) subject. Sumbul is addicted to playing online games until late at night or dawn. Consequently, it was always difficult for Sumbul to wake up early to attend classes that began at 8.00am. Sumbul frequently asked his best friends, Hurrem and Mahidevran, to sign his attendance. Sumbul, Hurrem and Mahidevran have always been freeloaders when it comes to group projects. They work part-time and expect their teammates to complete tasks on their behalf. The CL course requires students to demonstrate critical thinking and problem-solving skills. However, Sumbul, Hurrem, and Mahidevran were the types of students who would not exert effort in any given assignment. Therefore, they intend to find group members who can be relied upon to complete the CL assignment. Mihrimah, Mehmet and Mustafa were exceptional students who frequently received the Dean's Award every semester. They always complete group assignments together, with Mihrimah as the group leader. Mihrimah. Mehmet and Mustafa consistently strive to perform at the highest level in all group activities. Sumbul, Hurrem and Mahidevran were delighted that their tutorial slot coincided with Mihrimah's group, as they wished to join them. Unfortunately, each group was limited to five students, so Mihrimah only accepted Sumbul and Hurrem. Both Sumbul and Hurrem successfully convinced Mihrimah that they were extremely responsive. They prepared all weekly tutorial questions whilst diligently answering questions asked by the Tutor. This is nothing but a farce. Mihrimah did not choose Mahidevran because she was perceived to be unprepared for tutorial questions. Mahidevran will simply respond 'I don't know' when asked by the Tutor to avoid further questioning. Such behaviour does not commensurate with a university student's status, hence why Mihrimah refused to accept Mahidevran. Mihrimah knew Mahidevran would only be a burden to their group and might give the same excuse of 'I don't know' for her part of the assignment without making any effort to find the answers. Furthermore, Mahidevran never pays full attention during lectures and tutorials. She was constantly on her phone checking the number of likes on her social media posts, stalking people she hated and reading gossip about celebrities' personal lives, marriages, and affairs. When the lecturer asked, Mahidevran would excuse herself by saying she was viewing the lecture slides or tutorial questions on her phone. Ironically, Sumbul, Hurrem and Mahidevran often criticise their lecturers on social media. The three would play the victim card and fabricate stories to validate themselves and gain support. For example, the tutorial session was designed to help students gain a thorough understanding of the lectures and to familiarise themselves with the assessments and final exam questions. Therefore, students should be prepared prior to entering the tutorial to maximise the limited time. Sumbul, Hurrem and Mahidevran. however, only joined the tutorial session for attendance purposes, completing group work and waiting for the Tutor to give the answer to the tutorial questions. As a result, the Tutor will reprimand them for being irresponsible and wasting the Tutor's and other students' time. Sumbul, Hurrem and Mahidevran's social media posts were always as if they had been wronged and mistreated without revealing the real reason. There are always two sides to every story. Fortunately, most readers were smart enough to evaluate such posts as they believe that if one demands to be treated like an adult, he or she must first act like one. In particular, wise readers believe they should "never bite the hands that feed them". A few years later.... Mihrimah, Mehmet and Mustafa have graduated with first-class degrees. Mihrimah is pursuing her doctorate at the University of Cambridge. United Kingdom, on a government scholarship. While Mehmet and Mustafa had opened a business together with a few international branches, including Singapore. Thailand. China, Italy and Germany. On the other hand. Sumbul and Hurrem worked in the vicinity of Kota Kinabalu, Sabah. Sumbul was recently fired for having a lousy attitude and disciplinary. issues. He was constantly absent without justification, a trait he had carried since his university days, and he frequently arrived late for work but left early. Hurrem expects her colleagues to always treat her with respect, despite the fact that she has disparaged them on her social media accounts. Hurrem, of course, was always the innocent victim in her postings. People have avoided Hurrem because of such a toxic attitude, which she has had since her university days. Hurrem has been warned by her employer, Hatice, not to post anything negative about her co-workers. As Hurrem never changed, Hatice chose not to renew her employment contract. Mahidevran, on the other hand, quit her job as she saw no prospects for promotion compared to those hired after her. Mahidevran could not accept the fact that it was due to her unsatisfactory performance at work, which did not reflect the calibre of university graduates. Despite several reminders from her employer, Beyazid, the quality of Mahidevran's work remains the same, even declining. For example, Beyazid once asked Mahidveran to write a formal letter to several government agencies in Kota Kinabalu, Sabah. Unfortunately, Mahidevran does not know how to write a proper formal letter, despite being taught since elementary school. Some UMS lecturers have repeatedly complained about her unprofessional way of writing absent letters compared to primary and secondary school students. Mahidevran continually disregarded such reminders, which consequently affected the quality of her work after she graduated. Mahidevran also lacks good communication skills when responding to clients' emails and often uses unprofessional language. Some clients also complained to Beyazid that Mahidevran frequently contacted them after business hours to inquire about work-related matters. Such action should be avoided unless absolutely necessary. They, like Mahidveran, have a life; contacting them outside of working hours has disrupted their quality time with families. While this is common sense, Mahidevran finds it difficult to adjust because she was accustomed to contacting her lecturers outside of working hours, at midnight, on weekends, and even on public holidays. After some thought, Sumbul, Hurrem and Mahidevran decided to start a business together. At this point, they regretted not concentrating on the CL subject taught before. Since they were all unfamiliar with how to start a business, they decided to contact Mustafa. Hurrem offered to contact Mustafa as they were friends on Facebook. 28 February (Via Facebook Messenger) Hurrem: Hi, Mustafa Mustafa: Who are you? Old money collector? Hurrem: I'm Hurrem Uzerli, your ex-classmate at UMS Mustafa: OK, noted. Bye. Hurrem: Mustafa, how are you? Hope you are doing well despite your hectic schedule. I'm extremely proud of your achievements. You earned it. I've seen how dedicated you've been since we were students. Finally, perseverance pays off ... (clapping hands emoji) Mustafa: Are you trying to sell or promote a product? If so, I must stop you from wasting my time. Hurrem: You're still funny, hehe (feels awkward). Sorry for bothering you, but I was wondering if you remembered me? Mustafa : (in a vindictive tone) I recall asking you and your partner in crime many times to submit your part for the CL assignment. You both submitted it at the last minute and with poor quality. The Turnitin similarities were also extremely high, indicating that you both simply copied from somewhere and claimed that those contents were your own ideas. Shame on you and your beloved friend for that. Because of your lack of effort, I have to redo your part with Mehmet and Mihrimah. That night, none of us slept. The worst part was that I saw you two on Facebook celebrating your successful completion of the CL assignment at McDonald's. I pitied Mihrimah as she had a test the next morning but could not rest that night. Hurrem apologises sincerely for the previous occurrence. Hurrem told Mustafa that they had all lost their job because their colleagues were envious of their excellent performance at work. Those co-workers always discredited Sumbul, Hurrem and Mahidevran before their employers, who end up believing the false stories. Hurrem also informed Mustafa of her plan with Sumbul and Mahidevran. She pleaded and acted as if their survival depended on Mustafa's assistance, hence why Mustafa agreed to schedule an hour-long meeting through the Zoom platform. Hurrem: But those 16 years old nowadays are more advanced, Mahidveran, and most are tech-savvy. Gulnihal is probably more up-to-date on current trends than we are. So, having Gulnihal can be advantageous to our partnership. Mahidevran: OK, fine. Do you guys want to see positive vibes? Then why not sell new and used clothes just like the practices in the United Kingdom, which charitable organisations ran to raise money? For instance, the British Heart Foundation, Sue Ryder, Oxfam, Salvation Army, Marie Curie and many more. Their retail incomes can reach million pounds a year. We can ask those who no longer need their used clothes to donate them to us. Gulnihal and I can handle the marketing, while you, Sumbul, and Hurrem will be in charge of locating the necessary materials. Thirty per cent of the profits will go to the unfortunate, with the remaining seventy per cent divided among us. Mustafa: Guys, I'm sorry to interrupt, but how about setting up a company, perhaps? Mahidevran: Just thinking of the Companies Act 1965 makes me nauseous, let alone digging through its contents (while making faces which clearly visible on her computer screen) Mustafa:..... Sumbul: A company is not a bad idea (attempting to lighten the mood after noticing Mustafa's serious expression). We can name it UMS Legacy, just like our group's name for the CL assignment. Mustafa, you are more than welcome to join our company. Mustafa: Iinstantly replied) No thanks! Mahidevran: If we were to establish a company, I should be the director in charge of financial matters. Perhaps it is my quest to help my family members launch their own businesses as well. Why should we lend others money before assisting our family first, right? Hurrem: A Company sounds good to me. Our liabilities are limited as opposed to a Partnership, where you will be accountable to the other partners and the firm. Mustafa: Come again, Hurrem? Legally speaking, what distinguishes a Company from a Partnership? Could you please explain at least two aspects each? Hurrem: hmmmm, I have no idea. Deep thought has recently caused me migraines. But, I should be able to use our company's car to impress my followers and friend on Social Media. Therefore, I suggest the company purchase luxury cars to convince the public of its credibility. Mahidevran: I couldn't agree more with you, Hurrem. Sumbul: Yeah....the Company can also buy a property as a vacation home for its employees. But it must be restricted to an exclusive area. At least, when we post pictures on social media, they appear glamorous and luxurious, just like the old university days when we used to hang out in Starbucks or Coffee Bean only for our Instagram stories. Just like our motto "biar papa asal bergaya". * Mustafa left the meeting Hurrem: Mustafa? Mustafa...? Mustaffaaaaaaaaaa.....(screamed dramatically) Sumbul: Maybe his line is unstable (husnuzon when in doubt) Mahidevran: Hurrem, please invite him back to our meeting. I feel lost without him (mengada-ngada mode activated) Hurrem: Guys... I can no longer send messages or view Mustafa's Facebook profile. I suspect he has already blocked me. Sumbul: So what should we do now? Mahidevran: Perhaps Mustafa is concerned that our company will pose a threat to his business. So he declined to assist us. That was the only reason I could think of for his action (in denial). Hurrem: How about we ask for help from our juniors currently taking the CL subject? Mahidevran: I Hope they will not mislead us. Sumbul: We can only hope that they are not the reincarnations of our 'species' back in our university days (fingers crossed) With reference to the prevailing laws in Malaysia, prepare a report highlighting the relevant legal issues raised in the above conversations