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UNlVERSlTl TEKNOLOGI MARA FINAL EXAMINATION

COURSE

: BUSINESS LAW :
: :

COURSE CODE DATE


TIME SEMESTER

LAW416 3 HOURS (9.00 A.M. 12.00 P.M.)

: 6 APRIL2005

NOVEMBER 2004 - APRIL 2005


A

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QUESTION I Discuss the power and jurisdiction of the following: a) Magistrates Court

(6 marks)
Sessions Court

(7 marks)
High Court (12 marks) QUESTION 2 With reference to the Contracts Act 1950 and relevant case law, explain the various ways in which acceptance of a proposal may be communicated. (25 marks)
QUESTION 3

Identify and elaborate upon the duties that a principal owes to an agent. (12 marks) Saiful appointed Hasyim as his agent. He instructed Hasyim to sell his shop house at Jalan Perdana. According to the agency agreement, the shop house should be sold at a price of RM200,OOO within a period of one year and six months. After the appointment, Hasyim suffered a heart attack. He was not able to perform his duties as an agent. Advise Saiful whether he could terminate theservices of Hasyim. (13 marks)
QUESTION 4

Distinguish between 'conditions' and 'warranties' in a contract for the sale of goods.

(5 marks)
Aminah bought 20 pieces of ceramic plates after she was shown a sample by Aisyah. Ten of the plates delivered to Aminah were of the same green colour as the sample but the other A 0 were of different colour. Meanwhile, Arninah used the ten green plates to serve food at her son's birthday party. When hot food was poured onto the plates, they cracked in pieces. Advise Aminah. (20 marks)

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QUESTION 5
Ali purchased a sofa set on hire purchase from JPS Trading. According to the hire purchase agreement, Ali was to pay in 30 installments. After paying the 2gthinstallment, Ali refused to pay the last installment. JPS Trading intends to repossess the safa set from Ali. Advise JPS. Trading about the relevant procedures for repossession. (25 marks?
QUESTION 6

a)

Define a cheque and state the characteristics of a cheque.


(q2 marks)

Dina drew a cheque in favour of Karim for RM3,OOO. The sum was only written in figures and' not spelt out in words. The space in the cheque where the sum should have been written in words was left blank. Karim altered the figure to RM?3,000 and he added in the words 'thirteen thousand ringgit'. The bank made payment on the cheque and debited Dina's account.
Advise Dina whether she could sue the bank to recover the rnaney debited from her account. (13 marks)

QUESTION 7
Distinguish the following:

i> ii) iii)

Company Partnership Sole proprietorship


(25 marks)

END OF QUESTIONS PAPER

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