NAME : KADEK NOVIA KARISMAYANTHI

ID NUMBER : 012022090842
FACULTY : FBMP / BIA
COURSE : COMMERCIAL LAW

1. Ouestion (1)
By that time, Taylor swift had made an agreement to use the Stella McCartney Boutique
dress. However, it still does not validate because it still has not made a transaction. When
it was about to make the payment, Kanye West came on the phone to offer her dress for
Taylor Swift to use at this upcoming event. And taylor also agreed to kanye west's offer
with a mutually promoting relationship.
Then, when taylor considers, she simply uses the dress given by Kanye only and cancels
the payment for stella's dress. However, the boutique said that taylor could not cancel the
payment because he had already tried it and was ready to pay according to the existing
price.
So, the validation of the offer that Taylor can do is, still buy a Stella McCartney dress but
use it for future events. And kanye west dresses can be used for activities that will be
carried out because there is already an agreement to promote at the event.

1. Question (1)
English Law : In 1963, which when Malaysia was formed, there were three separate
statutes authorizing the application of English Law which are the Civil Law Ordinance
1956 (CLO 1956) in Peninsular Malaysia, the Application of Laws Ordinance 1951 in
Sabah as well as the Application of Laws Ordinance 1949 in Sarawak.
Islamic Law : The Shariah law, which solely applies to Muslims in Malaysia, contains
punishments such as stoning for adultery, whipping for abortion and amputation for theft
according to jurisprudence-prescribed offences. However, the term “Shariah law” is
commonly misinterpreted.

2. Question (2)
The structure of government in Malaysia is very similar to what is practiced in Great
Britain. This is due to the fact that the Malay Peninsula, as Malaysia was formerly
known, was a former British Colony and prior to its independence a commission was
appointed to draft the Federal Constitution based on the system of parliamentary
democracy as practiced in Great Britain. The independent commission was called the
reid commission.
The federal constitution divides the structure of government into three different main
branches shich are the legislature, the executive, and the judiciary. Each of them has their
own constitutional role to play. The legislature : it refers to the parliament. The
parliament as we all know is made up of Agong, Dewan Rakyat ( House of
Representatives) and Dewan Negara (Senate). The main functionof the legislature is to
enact law so that the administration could run smoothly and pass laws that are required to
manage the country. Law will be enacted according to the interest of the people generally
and not the interest of the government body.

3. Question (3)
If one of the parties to the agreement is a foreign citizen or legal entity, in general the
choice of jurisdiction that will be agreed upon in the event of a dispute is by arbitration.
 Arbitration is a way of resolving a civil dispute outside the general judiciary based on an
arbitration agreement entered into in writing by the parties to the dispute.
However, it should be noted that arbitration can only resolve trade disputes and regarding
rights that by law are fully controlled by the parties to the dispute. In addition, if a
dispute by law cannot be held by peace, then the dispute cannot also be resolved by
arbitration.

4. Question (4)
Revocation by failure of the offeree to fulfill the condition precedents to acceptence

5. Question (5)
There are several remedies for breach of contract, such as award of damages, specific
performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy
is an award of damages. Because specific performance and rescission are equitable
remedies that do not fall within the jurisdiction of the magistrate courts, they are not
covered in this tutorial.