CONFIDENTIAL eal E LWIDEC 2013/LAW416 es UNIVERSITI TEKNOLOGI! MARA FINAL EXAMINATION ‘COURSE CODE : LAW416 EXAMINATION : DECEMBER 2013 TIME : 3 HOURS INSTRUCTIONS TO CANDIDATES 1 This question paper consists of SEVEN (7) questions. 2 ‘Answer any FOUR (4) of the questions in the Answer Booklet. Start each answer on a new Page. 3 Do not bring any material into the examination room unless permission is given by the invigitator. 4 Please check to make sure that this examination pack consists of i) _ the Question Paper ii) an Answer Booklet ~ provided by the Faculty DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO This examination paper consists of 3 printed pages, (© Hak Cipta Universiti Teknologi MARA CONFIDENTIALCONFIDENTIAL 2 LWIDEC 2013/LAW416 QUESTION 1 Explain the following legal concepts: a) Written law (15 marks) b) The Doctrine of Binding Precedent (10 marks) QUESTION 2 Discuss the requirements of a valid partnership. (25 marks) QUESTION 3 a) __ By virtue of section 7 (a) of the Contracts Act 1950, an acceptance must be absolute and unqualified. Explain with reference to a decided case, (10 marks) b) —Puteh entered into a contract with Hitam to renovate his house. A sum of FM10,000.00 has been paid by Puteh as a deposit for Hitam to start his work. Unfortunately, two days later Puteh’s house caught fire. Puteh asked Hitam to return the deposit but Hitam refused. Advise the parties. (15 marks) QUESTION 4 Johan was authorized by Nash to sell 1,000 sacks of pineapples. Johan entrusted the pineapples to Rahim for storage until he could find a buyer. He paid Rahim RM150 per day for the storage. A few days later, Rahim discovered that the pineapples started to smell bad. Upon close inspection, he discovered that some of the pineapples were beginning to rot and were likely to contaminate other pineapples as well as other perishable goods in the warehouse. Rahim told Johan about the situation. Due to this, Johan decided to sell the pineapples to Jali at a lower price, causing Nash to suffer loss. Advise Nash accordingly with reference to statutory provisions and decided cases. (25 marks) (© Hak Cipta Universiti Toknolog! MARA CONFIDENTIALCONFIDENTIAL, 3 LWIDEC 2013/LAW416 QUESTION 5 a) Explain the following concepts used in the sale of goods: i) Existing Goods iil) Future Goods (10 marks) b) Min bought a “Peony” hair dryer from Saujan Electrics. When she used it at home, the hairdryer exploded and set her hair on fire. Advise whether there was a breach of implied condition under the Sale of Goods Act 1957. (15 marks) QUESTION 6 a) Define a hire purchase agreement. ( marks) b) Discuss the formalities required for the formation of a hire purchase agreement. (20 marks) QUESTION 7 a) Define cheques. ( marks) b) Discuss the functions and legal effects of the following words with a crossing on a cheque: i) ‘Not Negotiable’ (10 marks) ii) ‘Account Payee Only’ (10 marks) END OF QUESTION PAPER (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL