VARIOUS FINAL EXAM QUESTION

1. Enis has a house which is rented by Mape. One day, Koin and Mape come to Eniss house. Koin
tells Mape in front of Enis that he is Eniss agent. Enis only smiles and does not say anything. The
next day, Koin comes to collect monthly rental fee from Mape and then he absconded to
Thailand. When Enis knows the matter, he denies that Koin is his agent and now he wants to
claim the rental fee from Mape.

a) Define what is agency legally. [3 marks]

Berikan definisi agensi berdasarkan akta yang berkaitan.

b) Based on the above fact, can Enis claim the rental fee from Mape? Support your answer
with relevant provision and case. [5 marks]
Berdasarkan fakta kes di atas, bolehkah Enis menuntut pembayaran sewa dari Mape?
Sokong jawapan anda dengan peruntukan dan kes yang relevan

c) Mention one duty of principal to his agent? [2 marks]

Sebutkan satu tanggungjawab seorang principal kepada agennya.

2. Ahmad was instructed by his employer to carry a consignment of vegetables from Butterworth
to Shah Alam. The lorry that he was driving was badly damaged when it was involved in a road
accident near Rawang. Since he did not want to wait too long for the lorry to be repaired,
Ahmad sold off all the vegetables to a shop owner for half of its price.
a) Define what is an agency legally. [2 marks]
Berikan definisi agensi mengikut undang-undang.

b) Based on the above case, does Ahmad have power to sell the vegetables? Support your
answer with a relevant case. [5 marks]
Berdasarkan kes di atas, adakah Ahmad mempunyai kuasa untuk menjual kesemua
sayuran tersebut? Sokong jawapan anda dengan kes yang relevan.

c) Mention three duties of an agent towards a principal? [3 marks]

Sebutkan tiga tanggungjawab seorang agen kepada prinsipalnya?

3. a) Discuss how an agency by estoppel may be created. [5 marks]

 b) Ramesh was empowered by Bala to buy a computer worth not more than RM 5000.00.
Since there is no computer priced under RM5000, Ramesh bought a computer which
cost RM 5500.00 under his own name from Best Computer Sdn Bhd. Bala, nevertheless,
agreed to Rameshs purchase but subsequently refused to accept the computer when its
was delivered to him. Advise Ramesh.
[15 marks]

4. Halisah asked Ehsan, her agent to store 1,000 sacks of potatoes, 200 chairs and 300 desks, which
belong to her in Ehsans warehouse until she could find a buyer for them. A few days later,
Ehsan discovered that the potatoes were begun to rot and were likely to contaminate the other
perishable goods kept in the warehouse. He tried to contact Halisah but was informed that she
was out of town and could not be reached. Ehsan later sold the potatoes, desks and chairs to
Hafizah below market price.

(a) Define what agency contract is. (2 marks)

Jelaskan apakah yang dimaksudkan dengan kontrak agensi.

(b) Do you think that Ehsan could sell all of the Halisahs property to Hafizah?
Why? (2 marks)
Adakah anda rasa Ehsan boleh menjual kesemua barangan Halisah kepada Hafizah?
Kenapa?

(c) Explain the creation of agency by ratification. (2 marks)

Jelaskan perlantikan agensi melalui ratifikasi.

5. Syarikat Hantam Sajalah Sdn. Bhd. bought 3 new bulldozers through hire purchase agreement
with Koperasi Mau Untung (KeMUt). After one year, Syarikat Hantam Sajalah Sdn. Bhd. failed to
pay installments for 4 months. KeMUt took the bulldozers but returned them when the
company managed to settle the debt. The company later on, brought the case to court saying
that KeMUt was wrong when taking their bulldozers. The company claimed that contract
entered was a contract of purchase by installments.

a) Define what is hire purchase agreement? [2 marks]

 b) Will Syarikat Hantam Sajalah Sdn Bhd succeed in their action? Give reason for the above
answer. [2 marks]
c) Give one good case to support your answer? [2 marks]
e) What are the duties of hirer in a hire purchase agreement? [3 marks]

6. Nor Hafizah bought a new computer which costs her RM 2000.00. After 3 days, she found that
the monitor of that computer does not function well. She wanted to sue the shop keeper for
breaching the contract of sale of goods.

a) Based on the section 4 of the Sale of Goods Act 1957 (SGA 1957), define what is contract
of sale of goods? [2 marks]
b) What is meant by price in the SGA 1957? [2 marks]
c) What is the difference between SALE and AGREEMENT TO SELL? (2 marks)
d) Terms of contract of sale of goods can be divided into conditions and warranty. What is
the difference between these two?(4 marks)

Ehsan has scored 15A in his SPM and as a result, he received scholarship from Yayasan Pahang
to further his study in Australia with a condition that he has to serve Yayasan Pahang for 3 years
after finishing his study. After graduating, he opens a business and refuses to work with yayasan
Pahang. He said that the agreement was void because the moment he signed the agreement, he
was only 17 years old. Decide the above case in the light of legal provision and legal cases.

7) a) What is the duty of a cheque drawer while issuing a cheque? Discuss one case which is
relevant to your answer? [15 marks]
Apakah tugas pengeluar cek semasa mengeluarkan cek? Bincangkan satu kes yang relevan.
b) Discuss characteristics of a cheque. [5 marks]