This is a model answer from ACCA Dec 2010 (Malaysian Law Variant) This question tests the candidates’ knowledge on sources of law. (a) Written law refers to the law that Read More …
Category: 1.2 Intro to Law
Essential Elements of Contract
Q.What are the essential elements of a contract? A.A contract is a legally binding agreement between at least two parties. Overview of Contracts In order to form a contract, the Read More …
Arbitration Act Revisited
Q.There are two Arbitration Acts in Malaysia, namely Arbitration Act 1952 and 2005. What are their differences and how to determine which Act is enforceable?A. Procedures & Laws Governing Arbitration Read More …
Role of Negotiator
Q.Describe the roles of Negotiator in assisting the client. A. Ref:http://www.nilaiharta.com.my/page/97/real-estate-agent–negotiators-role
Role of Estate Agent
Q.Briefly describe the roles of an estate agent in a property dealing. A. Ref:http://www.nilaiharta.com.my/page/97/real-estate-agent–negotiators-role
Pro-tenant or Pro-landlord?
Q. It is said that Malaysia is pro-tenant and not pro-landlord. Why is that so? A. FOR COMPLETE READING ON TENANCY MATTERS, read the slides of Mr Lee Siew Seng Read More …
Recover from Tenancy
Q. If you have a disgruntled tenant who does not pay rental for some time without indication of moving out, what can you do? A. FOR COMPLETE READING ON TENANCY Read More …
Elements to prove negligence
Q.Explain all the elements necessary to prove negligence. A. In order to prove that the defendant was negligent and therefore liable for your injuries, you must prove all of the Read More …
Mediation vs Arbitration
Q.What is the difference between mediation and arbitration?A.Mediation is a voluntary dispute resolution process; all parties must consent to participate in good faith and work toward a mutually agreeable resolution. Read More …
Advantages of mediation
Q.What are the advantages of mediation? Is it legally binding? A. The benefits of mediation[1] include: Cost—While a mediator may charge a fee comparable to that of an attorney, the mediation Read More …
Mediation
Q. Explain the terms below in the context of legal proceedings: a) Mediation b) Lawyer supported mediation c) Party-directed mediation d) Restorative justice e) Collaborative law f) Conciliation a) Mediation Read More …
Battery
Q.What do you understand by “battery” in the context of law? A.Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. (Wikipedia)In the United Read More …
The Equity
Q.Define “Equity law” or “Law of Equity”.A. (1) Fairness or natural justice. (2) That body of rules formulated and administered by the Court of Chancery to supplement the rules and procedure Read More …
The Common Law
Q.What do you understand by “Common Law” A. That part of the law of England formulated, developed and administered by the old common law courts, based originally on the common Read More …
Coercion
Q. Briefly explain; Coercion A. Similar question was asked in: MIA QE 2012/3 Q1 (b)(i) Coercion MIA QE 2014/3 Q1 (c)(i) which render a contract voidable What constitute a voidable contract? Read More …
Contract – force majeure
Q. What is ‘Force Majeure’ in contract law? A. Force Majeure or vis major (Latin) “superior force”, is also known as cas fortuit (French) or casus fortuitus (Latin) “chance occurrence, unavoidable accident”,[1] Force majeure is a Read More …
Easement 4 – Cases
Q. Why creation of easement is important? A. Under the National Land Code 1965, in Section 286, an easement can only be created by express grant. It must be registered Read More …
Interpretation of Law
Q.What is ‘Interpretation of Law’? Provide cases which illustrate the different interpretation of law. A.There is a good article by a Chinese Lawyer entitled “Interpretation of Law”.
Zakat and Corporate Tax
Q. Can Zakat be deducted from Corporate Tax in Malaysia? A. Yes, companies are allowed to utilize Zakat payments as tax deduction in Malaysia. For company, effective from YA 2005, Read More …
Zakat treatment for Personal Income Tax
Q. How is Zakat treated in calculating for Income Tax? Provide an illustration to explain the treatment of Zakat in Income Tax Act, 1963. A. Income Tax Act 1963 provides Read More …