SULIT

POLITEKNIK KOTA KINABALU

JABATAN PERDAGANGAN

PANDUAN PEMARKAHAN
PENILAIAN ALTERNATIF
SESI JUN 2020

DPB30073: BUSINESS LAW

Jenis item / Pecahan markah Platform Tempoh masa menjawab

CLO1C & CLO2C
Objektif: 25 soalan (25 m)
MICROSOFT TEAM / 2 Jam
GOOGLE FORM
CLO2C
Subjektif: 2 soalan (25 m)

PENYELARAS KURSUS: BINUWIL AJANI

SECTION A

1. C 11. C 21. D
2. B 12. D 22. B
3. A 13. B 23. C
4. D 14. D 24. B
5. B 15. D 25. C
6. A 16. C
7. A 17. D
8. C 18. B
9. C 19. A
10. A 20. D

Allocation of marks : 1 Mark for each correct answer.

Total marks : 25

SECTION B

Question 1:

i. Principal: Albus Company Limited (2 Marks)

Agent : Hogswards Company (2 Marks)

ii. Whether there exists an agency by necessity between Albus Company Limited and
Hogsward Company? (2 Marks)

iii. Section 142 of Contracts Act 1950 (1 Mark)

An agent has authority, in an emergency (1 Mark), to do all such acts (1 Mark) for the
purpose of protecting his principal from loss (1 Mark) as would be done by a person
of ordinary prudence, in his own case, under similar circumstances (1 Mark).

iv. Case name: Springer v Great Western Railway Co (2 Marks)

Facts: Tomatoes shipped by ship from New Jersey to Covent Garden. Bad weather
and tomatoes were bad. Agent did not communicate with principal before selling the
tomatoes locally. (2 Marks)
 Court’s judgement: Tomatoes shipped by ship from New Jersey to Covent Garden.
Bad weather and tomatoes were bad. Agent did not communicate with principal
before selling the tomatoes locally. (2 Marks)
v. There was no existence of agency by necessity made between Albus Company
Limited and Hogsward Company as there was no communication made to Albus
Company for further instruction before selling the fish. Failure of communicating to
the company renders the agency not fulfilling the essence of necessity according to
the act. (3 Marks)

(Any other relevant answer is acceptable)

Question 2:

Implied conditions:
• Section 14(a) SOGA 1957: As to title; the seller will have a right to sell the goods
at the time when the property is to pass - (2 Marks)
• Section 15 SOGA 1957: The sale of goods by description that the goods shall
correspond with the description – (2 Marks)
• Section 16(1) (a) SOGA 1957: The goods shall be reasonably fit for such purpose
(2 Marks)
• Section 16(1) (b) SOGA 1957: The goods shall be of merchantable quality. (2
Marks)

Implied warranties:
• Section 14(b) SOGA 1957: That the buyer shall have and enjoy quiet possession of
the goods. (2 Marks)
• Section 14(c) SOGA 1957: That the goods shall be free from any charge or
encumbrances. (2 Marks)

*Any FIVE (5) provisions of the implied conditions and warranties.

(Any other relevant answer is acceptable)