Business Law In Malaysia

ASSIGNMENT

BUSINESS LAW

ASSIGNMENT QUESTION

REQUIREMENT:

Since this is a law assignment, the IPAC format is adopted:-
IPAC /
I = ISSUE
P = PRINCIPLE
A = APPLICATION
C – CASES

  • Identify the ISSUE, state the PRINCIPLE (sections from the relevant Act), then APPLY the principle to the issue supported by CASES (from the e-module/elsewhere).
  • This IPAC format has been incorporated into the assignment requirement and the rubric. Referring to the requirement and rubric, there are several components that you need to incorporate as subheadings in this assignment:
  • For the purpose of the assignment, you may use the normal APA format. As for the reference and in-text citation, the rules are as follows:

    If you quote a provision from a statute e.g. Contracts Act 1950 (Act 136), then your reference shall be listed as Contracts Act 1950 (Act 136). For the in-text citation, the first time you write it, you need to write Contracts Act 1950 (Act 136) (hereinafter referred to as the Contracts Act). Then you may write Contracts Act only in subsequent mentions of the Act.
  • Remember that you do not have to read the entire content of the Contracts Act. Your main reference is the e-module.

PART 1

A contract may be discharged by several ways. Discuss the ways and give your view on each of the way of discharge.

                (TOTAL : 20 MARKS)

Part 1: Discussion on the ways how a contract may be discharged


Issue: How a contract is discharged?

Principle: Relevant sections of the Contracts Act on the above issues.

Application: Give clear examples by stating your own illustration.

Cases: Cite relevant decided court cases from the module or elsewhere to support your answer.

REFERENCES:

  • Kindly refer to E-module > Topic 4 Discharge of Contract and Remedies (page108-135)
  • Business Law in Malaysia,2nd Edition-Abdu Majid Bin Nabi Baksh, Krishnan Arjunan -LexisNexis (pls refer to attachment file)
  • Business Law in Malaysia,Nuraisyah Chua Abdullah (pls refer to attachment file)

Rubrics:

  • Explain in detail all the ways of how a contract is discharged.
  • Please use Diagram/Figure
  • To refer to the relevant sections of the relevant Act.
  • To cite relevant decided cases.
  • Give clear examples.

PART 2

The Hire Purchase Act 1967 provides that the owner and hirer in a hire purchase agreement are bound not only by the agreement but also by the provisions stipulated in the Act. Evaluate FOUR statutory rights of hirer and give your recommendation to amend current law relating to this issue.

(TOTAL : 40 MARKS)

Part B: Evaluation on the issue of hirer’s statutory rights under the Hire Purchase Act 1967

Issue: What are the hirer’s statutory rights?
Principle: Relevant sections from the Hire Purchase Act 1967 on the above issues.
Application: Give clear examples by stating your own illustration.
Cases: Cite relevant decided court cases from the module or elsewhere to support your answer.

Remember that you also need to cite the opinion of other authors from the module and or elsewhere to support your answer.

Recommendations: State your four recommendations with justifications on how to make the situation better for the hirers.   

Your answer must be structured based on the above subheadings.

REFERENCES:

  • Kindly refer to E-module > Topic 8 Law of Hire-purchase (page 272-297)
    • STATUTORY RIGHTS OF THE HIRER (Table 8.3: Summary of Statutory Rights of Hirer) –Page 285
  • Business Law in Malaysia,2nd Edition-Abdu Majid Bin Nabi Baksh, Krishnan Arjunan -LexisNexis
    • Chapter 22 Principles of Hire-Purchase (pls refer to attachment file)
    • STATUTORY RIGHTS OF THE HIRER (pls refer to attachment file)
  • Business Law in Malaysia,Nuraisyah Chua Abdullah
    • Topic 8 Law of Hire-purchase (pls refer to attachment file)

Rubrics:

  • Identification and evaluation of relevant principles from the Hire Purchase Act 1967 was very detail and comprehensive. (please use diagram / figure if applicable)
  • To cite relevant cases. 
  • Relevant citation from the module and other sources.
  • Give 4 (FOUR) feasible recommendations with justifications.

[Grand Total: 60 marks]

The module contains several errors. Please take note of the following:-

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Any reference to the Insurance Act 1963 shall be replaced with the Financial Services Act 2013 

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Any reference to the Takaful Act 1963 shall be replaced with the Islamic Financial Services Act 2013. 

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On page 53, the first paragraph:

(d) Contract of Insurance

Contract of insurance also constitutes an exception to the minor’s contract.

Section 153 of the Insurance Act 1963 (Revised 1972) provides that “a minor over the age of ten may enter into a contract of insurance but if he is under 16 years, the written consent of the parents or guardians is essential.”

Replace the above with:

(d) Contract of Insurance

Contract of insurance also constitutes an exception to the minor’s contract.

Paragraph 4 of Schedule 8 to the Financial Services Act 2013 provides that a minor who has attained the age of ten years may enter into a contract of insurance but if he is under 16 years, the written consent of the parents or guardians is essential.

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On page 168:

(a) Agency Coupled with Interest

Section 210 of the Act…

Replace section 210 with section 155.

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On page 168:

(b) Agent has Exercised Authority Partly

Section 204 of the Act stated that…


Replace section 204 with section 157.

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Delete “(Section 152(2) of the Insurance Act 1996)” on the first paragraph (2nd line) on page 296.

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On page 351:

9.12.6 Regulatory Framework of Takaful in Malaysia Takaful is mainly governed by the Islamic Financial Services Act (IFSA) 2013, which was repealed and replaced by the Takaful Act 1984.


Replace the above with:

9.12.6 Regulatory Framework of Takaful in Malaysia Takaful is mainly governed by the Islamic Financial Services Act (IFSA) 2013, which repealed and replaced the Takaful Act 1984.

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