Question
Which one of the following statements is TRUE under the Doctrine of Separation of Powers? You may tick more than one option. The Malaysian Parliament's
Which one of the following statements is TRUE under the Doctrine of Separation of Powers? You may tick more than one option.
The Malaysian Parliament's right to make whatever laws as it deems fit is challengeable under this doctrine
Parliament, the Executive, and the Courts each have their distinct and largely exclusive domain.
The Judiciary plays an administrative role in governing the country
The Executive interprets and applies the law
Under the declaration of Emergency by the Yang Di Pertuan Agong, all 3 authorities are suspended
Malaysia practices the Doctrine of Separation of Powers
Wong Chee Hong v Cathay Organisation (1988) is a decision of the Federal Court on law of industrial relations. In 1990, a similar case on similar facts came for hearing before the High Court. The following is true EXCEPT
The High Court must follow the decision of the Federal Court even though the decision of the Federal Court was much earlier
The High Court need not follow the decision of the Federal Court as the decision of the Federal Court was much earlier
This is an application of the doctrine of binding judicial precedent
The doctrine of binding judicial precedent establishes consistency in the law
The doctrine of binding judicial precedent provides guidance on rights of citizens of Malaysia
A says to B that "I'll pay you to "give a bit of scare to C so that he will not make so much noise about the money that I borrowed from him." Then, B responds by saying "Sure, no problem! Let's sign a contract". Please tick the correct statements relating to the above situation. You may tick more than one option.
B may claim the money after he has completed his contractual obligation
The contract between A and B is voidable
B may bring a civil suit against A for failing to honour A's part of the contract
The subject matter is illegal according to Section 24 of the Contracts Act 1950
The following authorities have the power to enact subsidiary legislation as delegated by Parliament. Name the authorities. You may tick more than one option.
Yang Di Pertuan Agong
The Cabinet
Prime Minister
Ministers
Dewan Rakyat
Parliament
Local Government
The burden of proof in a criminal case lies with the __________ and the action is to ________.
Plaintiff; sue
Defendant; sue
Police; prosecute
Public Prosecutor; prosecute
Set out the three (3) situations where a person is incapacitated to enter into a contract under Section 11 of the Contracts Act 1950.
Your answer
On 8 January 2021, Albert sends an email to Charles offering to sell him his Cartier watch for RM10,000. On 9 January 2021, Charles replies that he will buy the watch at RM9500. Albert responds by saying that he is not willing to sell the watch at RM9500. Charles then replies stating that he is now willing to pay the RM10,000 asked by Albert. Albert refuses to sell the watch to Charles. Charles now wants to sue Albert for breach of contract. State the relevant legal principles in the above stated question.
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