06 Oct Answer ALL questions. 1. It is
Answer ALL questions.
1. It is said that the doctrine of judicial precedent is an important part of the law in
Malaysia.
(a) Outline the current hierarchy of the Courts in Malaysia, with a brief description oftheir jurisdiction. (15 marks)
(b) Describe how this doctrine of judicial precedent operates, referring to case lawsand examples. (15 marks)
2. Chan is a crane operator. One day, while operating the crane to put up a big signboard
along a busy road, the ropes holding the signboard gave way. The signboard hit into a
car that was being driven by Alias. Alias was badly injured. Alias did not follow the
instructions of Chan’s assistant to stop about 50 feet away while Chan was pulling-up
the signboard. Instead, Alias inched his way towards the crane as he was in a hurry to
reach his office to meet his boss for a meeting.
(a) Consider whether Chan can be made liable in the tort of negligence for theinjuries suffered by Alias. (20 marks)
(b) Consider also whether Chan has any defenses. Make references in your answerto relevant case laws. (10 marks)
3. Khalid was interested in buying Siti’s painting which she had named “Hawa”. Khalid met
Siti and told her that he will pay her RM5,000 for “Hawa”. Siti said she will think about it.
Two weeks later Siti told Khalid that she will sell him the painting for RM7,000. Khalid
said that the price was too high and he did not want the painting.
One week later, Khalid received bonus from his employer. He immediately contacted
Siti and told her that he will pay the RM7,000 for “Hawa”.
Siti refused to give Khalid the painting, saying the price had now gone up to RM10,000.
Is Siti bound by any contract to sell the painting to Khalid for RM7,000?
Make references to relevant case laws and legislation. (40 marks)
BBM204/03 BUSINESS LAW
ASSIGNMENT 1 (35%)
Semester 3, September 2021
Instructions: 1. This is an individual assignment. It covers knowledge acquired from Units 1 and 2. 2. Please answer ALL questions in ASSIGNMENT 1. Submission is to be done online through
OAS on or before the stipulated deadline (to refer to https://flexlearn.wou.edu.my). 3. You are advised against sharing the answer with others as plagiarism will be penalized,
any evidence of plagiarism or collusion may result in a ZERO mark awarded to all involved and further disciplinary action. Please be familiar with the University’s definitions of plagiarism and collusion.
4. Total marks awarded for the ASSIGNMENT1 is 100, which contributes to 35% of the entire course marks.
5. Your assignment will be assessed on the factual answer provided based on your reading and analysis from various references related to this course. Besides, you should demonstrate a sound knowledge of business law.
6. You are advised to adhere to the following about your written answer:
• Font type: Arial
• Font size: 12 point
• Margin: left – 1.2”, right – 1.0”, top – 1.0”, bottom – 1.0”
• Alignment: justify
• Spacing: 1.5 line
• Paper size: A4
• Pagination: right bottom aligned, font size 10
• Header: right hand, top aligned, Arial, 11 point and bold
• Total word count: not more than 1,000 words 7. Information on the cover page:
• Course code and title
• Student name, ID, and I/C no
• Name of tutor
• Class code
• Indication of ASSIGNMENT 1 …2/-
2 BBM204/03
Answer ALL questions.
1. It is said that the doctrine of judicial precedent is an important part of the law in Malaysia.
(a) Outline the current hierarchy of the Courts in Malaysia, with a brief description of
their jurisdiction. (15 marks)
(b) Describe how this doctrine of judicial precedent operates, referring to case laws and examples. (15 marks)
2. Chan is a crane operator. One day, while operating the crane to put up a big signboard along a busy road, the ropes holding the signboard gave way. The signboard hit into a car that was being driven by Alias. Alias was badly injured. Alias did not follow the instructions of Chan’s assistant to stop about 50 feet away while Chan was pulling-up the signboard. Instead, Alias inched his way towards the crane as he was in a hurry to reach his office to meet his boss for a meeting.
(a) Consider whether Chan can be made liable in the tort of negligence for the
injuries suffered by Alias. (20 marks)
(b) Consider also whether Chan has any defenses. Make references in your answer to relevant case laws. (10 marks)
3. Khalid was interested in buying Siti’s painting which she had named “Hawa”. Khalid met
Siti and told her that he will pay her RM5,000 for “Hawa”. Siti said she will think about it. Two weeks later Siti told Khalid that she will sell him the painting for RM7,000. Khalid said that the price was too high and he did not want the painting.
One week later, Khalid received bonus from his employer. He immediately contacted Siti and told her that he will pay the RM7,000 for “Hawa”. Siti refused to give Khalid the painting, saying the price had now gone up to RM10,000. Is Siti bound by any contract to sell the painting to Khalid for RM7,000? Make references to relevant case laws and legislation.
(40 marks)
END OF ASSIGNMENT 1
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