Q. Kompetenz-kompetenz of an arbitral tribunal is a myth in today’s word. Discuss. A. The arbitral tribunal has the power to determine its own jurisdiction under the 2005 Act. The Read More …
Category: 1.2 Intro to Law
Spot Q for 2015 D02 Intro to Law
Q. Could you spot the questions for D02 Intro to Law in Estate Agent Exam Part 1, 2015? A. See the analysis for the past years below: Priority is assigned Read More …
Procedure and law governing arbitration in Malaysia
Q.Explain the procedure and law governing arbitration in Malaysia. A.At the moment there are, two Arbitration Acts being used in Malaysia, being the Arbitration Act 1952 which is based on Read More …
Why Arbitration? Why KLRCA?
Q.Why arbitration? Why KLRCA? A Arbitration in Malaysia: Taking it to the next level ARBITRATION is a form of alternative dispute resolution to resolve legal disputes outside the traditional court Read More …
Arbitration as option in dispute settlement in Malaysia
Q.How is Arbitration available as an option for dispute settlement in Malaysia? How does it differ from Court settlement? A.On March 15, 2006, Law 646 of 2005, on Arbitration came Read More …
Precedence – is it always followed? Advantages and Disadvantages
Q. Judicial precedence, a doctrine which comprises of res judicata, ratio decidendi and obiter dictum. Is it always followed? What are the advantages and disadvantages of deviating from judicial precedence? Read More …
Contract for Online Sale ECA 2006 3
Q.The necessity to draw a distinction as to whether a website advertisement is an invitation to treat or an offer is also where customers’ response is met by a purely Read More …
Contract for Online Sale ECA 2006 2
Q. Whether the automated response Kodak sent to the customers for their orders and saying that $100 would be taken from their credit cards as monetary consideration, was indeed an Read More …
Contract for Online Sale ECA 2006 1
Q. Items on Internet website: Invitation to treat or offer? A. The Electronic Commerce Act 2006 (hereinafter referred to as ECA) was introduced on 31st August, 2006 and came into Read More …
Restrictive Covenents in Employment Contract
Q.I am a cook. Recently, I am approached by a prospective employer for a job offer. My employer has included a restrictive covenant in my service contract which prohibits me Read More …
Undue Influence
Q. Explain “Undue Influence” as per Contract Act, 1950. A. “Undue influence” A question on this subject came out in a narrative case in: 2013 Q3 here, inducement or undue Read More …
Four Elements of a Legal Contract
Q. List out the most important elements of a valid contract. A. On ‘Proposal’ and ‘Acceptance’ please refer below: MIA QE 2009/9 Q1 (a)(i) explain the conditions of accepting an offer. Read More …
4 Elements to claim Strict Liability
Q. b) Discuss with supported court cases, four (4) elements necessary to establish liability under Strict Liability. (16 marks) (16 marks, 2013 Q6b) A. Basic of Strict Liability go here. Read More …
Nuisance – Treatment
Q. What are the implications of law when dealing with ‘Nuisance’? A. Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where Read More …
Common Mistake and Mutual Mistake in Contract
Q. What would be the consequences of law if mistakes are found to be exist in a contract: Common Mistake Mutual Mistake Mistake relating to documents A. Similar question was Read More …
Defective work in construction projects
Q.How to deal with defective work in construction projects? AThis guide will consider the legal and practical issues arising out of defective work. It was last updated in August 2011. Read More …
Liability for Defects (Part 1)
Architects and the Law — Liability For Defects (Part 1) This is a much-abridged version of a paper presented at the July 2000 ‘Architects & the Law’ conference jointly organised Read More …
Tort v Contract revisited
DISTINGUISH BETWEEN TORT AND CONTRACT: I. AS TO RIGHTS: Law of tort protects right in rem available against the whole world. Law of contract protects rights in personam which means Read More …
Defect Liability Period
Q. Upon issuance of certificate of fitness, Mary discovered her new apartment to have defects as her carpenter tried to fix her curtain. Advice Mary. A. A good write up Read More …
Compare Agent and Principal to Husband and Wife
Q. The relationship between partnerships, employee and employer, trustee and beneficiary or husband and wife can be confused with that of agent and principal, as in Law of Agency or Read More …