With reference to the Contracts Act 1950, appraise whether a contract is made under the

following separate and independent situations.

(i) Kara offered to sell her bungalow to Clark, for RM2.5 million. However, Clark asked

Kara whether she would consider selling the bungalow for RM2 million. (6 marks)

(ii) Mandy was out shopping in a famous shopping mall in Penang. She saw a dress on

display with price tag of RM500. However, when she entered the boutique, the

salesperson told her that it was RM850. (6 marks)

(b) With reference to the Patents Act 1983, discuss whether the following situations are

patentable or non-patentable.

(i) Dr. Bak Chew has discovered a special type of treatment to correct colour blindness.

(4 marks)

(ii) Miss Boh Gau, an expert in early childhood education has discovered a new

technique of helping weak students in their studies. She does not want other people to

use this technique. (4 marks)

[Total: 20 marks]

Question 3

(a) Ms Lim is a famous entrepreneur. She approaches you for advice on what are the exceptions

to the nemo dat quod non habet rule. Support your answer with relevant provisions from the

Sale of Goods Act 1957. (15 marks)

(b) A newly established 5-star hotel in Cameron Highlands states in its advertisement that it is the

ideal resort for families to relax with state-of-the-art amenities such as Olympic size

swimming pool, tennis courts, a gym, and a lot more. However, when Mr Tan and his family

checked in the hotel, they discovered that most of the amenities were not ready and were still

under construction. Discuss whether the hotel will incur any liability under the Trade

Description Act 2011. (5 marks)

[Total: 20 marks]