Calon boleh merujuk buku, artikel, nota dan slaid tetapi calon tidak
dibenarkan menyalin perkataan demi perkataan dari buku, artikel nota dan
slaid.
Calon mesti memuatnaik dan emel jawapan sebelum jam 8.00 malam
10 September 2020.
Bahagian A
1. Aston memiliki dua buah kedai butik khusus dalam gaya Korea (Kedai A
dan Kedai B). Aston mengambil keputusan untuk mengadakan suatu
jualan ‘tutup kedai’ untuk semua baju-baju di dalam Kedai A
memandangkan kuarantin yang diakibatkan oleh Kovid-19.
Pada 10 Julai 2020, Zack memberi respons kepada surat Aston. Dia
menulis sepucuk surat menyatakan bahawa dia hendak membeli seluar
jins ketat biru tua pada diskaun 30%, tetapi tidak akan dapat
mengambilnya mahupun membayar lagi sehingga 31 Julai 2020 kerana
dia berada di dalam kuarantin wajib selepas pulang ke Malaysia.
Aston menerima surat ini pada 12 Julai 2020. Aston menulis kembali
pada 14 Julai dan memberi jaminannya yang barang tersebut akan
diketepikan dan disimpan untuknya. Walau bagaimanapun, Zack
mengubah fikirannya dan menulis sepucuk surat kepada Aston yang dia
tidak mahu barang tersebut lagi. Surat ini telah diterima oleh Aston pada
15 Julai 2020.
Pada 19 Julai 2020, Yuri telah pergi ke kedai B dan memilih beberapa
baju di dalamnya. Sewaktu memberi baju-baju tersebut kepada
juruwang, Yuri bertanyakan mengenai diskaun yang diiklankan.
Juruwang, seorang pekerja baru, telah mengesahkan bahawa memang
terdapat diskaun. Dengan puas hati, Yuri berkata bahawa beliau akan
membeli semua baju tersebut pada diskaun 20%. Walau bagaimanapun,
semasa julmah harga yang perlu dibayar, ia tidak mencerminkan
diskaun. Yuri enggan membayar.
2/8
LIB1004
Pada 21 Julai 2020, Kayla melayari laman web Kedai A untuk membeli
pakaian. Beliau memilih beberapa helai baju. Pesanannya diambilkira dan
pembayaran dibuat. Walau bagaimanapun, disebabkan masalah teknikal,
ia tidak mencerminkan bahawa salah satu baju yang dipilih Kayla
sebenarnya telah kehabisan stok. Maka, sewaktu baju dihantar, ia telah
digantikan dengan baju lain yang sama harga. Kayla sangat marah dan
enggan menerima kesemua barang yag dipesan. Beliau menuntut
wangnya kembali. Sila ambil perhatian bahawa kontrak adalah senyap
mengenai situasi ini.
2. John Wick, yang berumur 15 tahun, nampak lebih dewasa dari usia
sebenarnya disebabkan bentuk badannya serta mukanya yang muram.
Sehubungan dengan itu, beliau telah mendapat kerja dengan Sekuriti
Tarasov dan di beri latihan sebagai pengawal peribadi.
3/8
LIB1004
(12½ markah)
DAN
(12½ markah)
(25 markah)
4/8
LIB1004
Bellisimo Sdn Bhd mendapati simen yang dihantar oleh Ashraf pada
minggu kelima dan keenam tidak sesuai untuk pembinaan bangunan
bertingkat tinggi itu. Ini adalah kerana simen tersebut mengandungi
bahan mentah tambahan yang akan menyebabkan rekahan dalam
struktur konkrit bangunan tersebut.
(20 markah)
DAN
(5 markah)
5/8
LIB1004
Bahagian B
6/8
LIB1004
(10 markah)
DAN
(b) Ali digaji sebagai seorang tukang roti oleh The Bread Cottage sejak
2015. Salah suatu terma kontrak pengajian menyatakan bahawa
apabila meninggalkan The Bread Cottage, Ali tidak akan
memberitahu orang lain atau mengguna untuk faedah sendiri apa-
apa maklumat sulit yang dia terima daripada The Bread Cottage
tanpa kebenaran bertulis. Semasa dengan The Bread Cottage,
majikannya memberitahu Ali cara membuat roti yang enak.
Ali ingin mengikuti cara membuat roti yang dia mempelajari di The
Bread Cottage. Nasihatkan Ali.
(15 markah)
DAN
(b) Oleh kerana kelewatan tersebut, Carrie tidak dapat menyewa kedua-
dua biliknya kepada penyewa-penyewanya.
(10 markah)
DAN
(c) Carrie dan emaknya berasa sangat jengkel dan senang marah
kerana kelewatan pengubahsuaian itu disiapkan
(5 markah)
TAMAT
8/8
UNIVERSITI MALAYA
INSTRUCTIONS TO CANDIDATES:
Candidates are advised to use the first 6 hours to complete their answers
in the required format.
You may refer to books, articles, notes and slides but you are not
permitted to copy word for word from the books, articles, notes and
slides.
Part A
1. Aston owns two boutique stores that specialises in Korean style clothes
(Store A and Store B). She decided to hold a closing down sale for all the
clothes in Store A due to the quarantine caused by Covid-19.
On 1 July 2020, she contacted all the major newspapers and paid for an
advertisement to be run from 12 July to 21 July 2020. The advertisement
was to announce the storewide discount of 20% on all the clothes in Store
A from 12 to 21 July 2020. Unfortunately, the newspapers wrongly
advertised it by omitting the words “in Store A”.
In addition, Aston sent a letter to six of her most loyal customers, telling
them that the clothes in Store A would be on sale for 20% from 12 – 21
July 2020. However, she would give them 30% off if the choice was made
before the sale started. Each of her customers received this letter on 3
July 2020.
Aston received this letter on 12 July 2020. Aston wrote back on 14 July
and assured Zack that the jeans would be kept aside for him. However,
Zack has changed his mind and wrote a letter to Aston that he does not
want the jeans after all. This letter was received by Aston on 15 July 2020.
On 19 July 2020, Yuri entered Store B and chose several items. While
handing the clothes over to the cashier, Yuri asked about the discount
that was advertised. The cashier, who is a new employee, confirmed that
there was a discount. Satisfied, Yuri said he would buy all the items at
the discount of 20%. However, when the total amount was to be paid, it
did not reflect the discount. Yuri refuses to pay.
On 21 July 2020, Kayla surfed Store A’s website to buy some clothes.
She chose several clothes. Her order was taken and payment was made.
However, due to a technical problem, it did not reflect that one of the
items she chose was actually out of stock. Thus, when the clothes was
sent, it was replaced with another item of the same price. Kayla was very
angry and refuses all of the items that she ordered. She demands her
money back. Note that the contract is silent regarding this issue.
2/7
LIB1004
Advise the relevant parties of their rights and liabilities, if any. In your
answer, the formation of contract is the main issue.
(25 marks)
2. John Wick, who is 15 years old, looks older than his actual age due to his
physique and somber expression. As such, he managed to obtain
employment at Tarasov Security and underwent training as a personal
bodyguard.
Under the contract of employment that was signed, it was stated that
John would not be allowed to quit for a year after graduation. Otherwise,
John would have to pay Tarasov Security RM15,000 as penalty.
During training, John met and became friends with Winston, who’s family
operates a legal weapons store that provides weapons to certified
bodyguards, such as those from Tarasov Security. On 1 January 2015,
John asked Winston, “I would like to own the gun that your family is known
for. Can you also deliver it to my house?” Winston replied that it was not
a problem, but that the item would only be delivered once John graduates
from the training. Winston also informed John of the total price of the
transaction to be RM600 and full payment was to be made upon delivery.
John did not reply then as class began.
The gun arrived at John’s house the day after graduation. John was not
in and the housemate took the parcel for him, leaving it in his room. When
Winston requested payment from John for the sword, John refused.
Three days after graduation, Tarasov Security told John that the contract
was terminated due to his age.
(a) Discuss the rights and liabilities of John i.e. whether he has a valid
contract with Tarasov Security and Winston respectively, and if so,
what are the remedies available.
(12½ marks)
AND
(b) John claims that when Tarasov Security terminated his contract less
than a year after graduation, he is entitled to RM15,000 as
compensation. Tarasov Security, on the other hand, denies any
liability as the contract was silent about it. Discuss.
(12½ marks)
3/7
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4. Ashraf, a cement supplier that has been in operation for the past 10
years, contracted to supply to Bellisimo Sdn Bhd 10 tonnes of cement per
week for a period of four months for the construction of a high-rise
building. The cost of each tonne of cement was RM300. A written contract
was signed between them. One of the terms of the written contract stated
as follows:
The seller will not be responsible for any variation in the quality of the
cement purchased, and all conditions and warranties, whether express
or implied, by statute or otherwise, are excluded.
Ashraf replied that there was a custom in the sale of cement trade that
payment would be made for every 40 tonnes of cement supplied.
Bellisimo Sdn Bhd stated that it was not aware of such a custom, and
they have bee in the business for the past 5 years.
Bellisimo Sdn Bhd discovered that the cement delivered by Ashraf on the
fifth and sixth week was not suitable for the construction of their high-rise
building. This was because the cement had an additional raw material
which would eventually cause cracks in the concrete structure of the
building.
Bellisimo Sdn Bhd insisted that it had the right to return the cement which
was delivered on the fifth and sixth week, and to obtain a replacement.
However, Ashraf refuses to do so.
(20 marks)
AND
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(b) What would your answer be if the words “payment to be made at the
end of every month” was included in the contract? Make your
arguments based on relevant cases and existing statues, if any.
(5 marks)
Part B
Answer at least ONE (1) question from this part.
5. The X-Club wanted to acquire a piece of land for use as a golf course. It
approached an estate agent, Adrian, for this purpose. The X-Club
specifically made it clear to Adrian that the land must have good drainage.
Adrian was by nature lazy and decided that he would call up the X-Club
anyway to inform them that he had found a suitable piece of land for them.
The X-Club, trusting Adrian, informed him to proceed with the purchase.
5/7
LIB1004
(10 marks)
AND
(b) Ali was employed as a baker by The Bread Cottage since 2015. One
of the terms of the employment contract provided that upon leaving
The Bread Cottage, Ali would not disclose to anyone or use for his
own benefit any confidential information which he received from The
Bread Cottage without its prior written permission. During his tenure
at The Bread Cottage, his employer disclosed to him confidential
information on the method of making delicious bread.
Ali resigned early this year. After leaving The Bread Cottage, Ali set
up his own bakery that baked cakes, pastries and bread.
7. With reference to statutory provisions and case law, discuss whether the
doctrine of economic duress forms part of Malaysian contract law.
(25 marks)
At the time when the parties signed the agreement, Carrie told Poni that
she needed the renovation to be completed within 6 weeks because she
had rented two rooms and the tenancy would commence 6 weeks from
the date of her agreement with Poni. Carrie had spent a total of RM2,000
to advertise the availability of both rooms for rent. However, by the end
of the sixth week, Poni could not complete the renovation.
6/7
LIB1004
END
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