ASSIGNMENT 2
MATRIC
NAME
NO.
SUBJEK COMMERCIAL LAW CODE
PROGRAMM GROUP
E
DATE OF
SUBMISSION
LECTURER’S SITI RAUDHAH RAMLI
TOTAL MARKS:
ASSIGNMENT 2
CHAPTER/TOPIC: LAW OF CONTRACT
INSTRUCTION:
1. This is a GROUP assignment.
2. This assignment consists of FIVE (5) questions. Answer any TWO (2) questions
ONLY.
3. Font Arial 12, 1.5 line spacing, justified
4. No. of pages : 5-7 pages
5. Cover page in WHITE colour
6. Must contain table of content, introduction and conclusion.
7. Must refer to at least 1 reference book and 1 article or journal.
8. Submission date: 10/5/2023.
9. The paper must consist of ALL relevant information including IRAC format:
a) Issue
b) Regulation/ Law
c) Application
d) Conclusion
10. Mark for the assignment:
a) BIA student : 30% assignment
PROGRAM OUTCOME(S):
PO1 Practice knowledge of law for the purpose of further studies or work.
PO2 Use law and business communication skills in order to handle challenging situation.
PO3 Identify and solve problems using effective critical thinking skills in order to achieve
practical business decision making.
PO4 Demonstrate effective communication both in orally and writing.
PO5 Work effectively with peers and contribute positively to the community and relevant
stakeholders.
PO6 Demonstrate ethical and moral values as well as professionalism in daily practice.
PO7 Work independently as in individual to enhance ones knowledge to achieve continuous
self-improvement.
PO8 Utilise available resource in striving to accomplish desired goals.
PO9 Effectively demonstrate leadership responsibility in legal environment.
COURSE OUTCOME(S):
CLO1: Discuss the basic framework of the Malaysian legal system and the essential
elements of contract.
CLO2: Explain solution under law of contract towards issues raised by legal questions
and problems
CLO3: Analyze issues in which law is applied in relation to commercial law.
QUESTION 1
Jenny appointed Rose, a realty agent, to buy a 3-bedrooms terrace at the price of
RM280,000 and the location must be near to his office at Bukit Tempoyak. Upon
receiving the instruction, Rose bought an apartment on behalf of Jenny at the price of
RM320,000 by paying RM1000 as booking fee. She also agreed with the developer to
pay 10% from the purchasing price as deposit within one week from the date of
purchase. Jenny after being informed by Rose about the contract, agreed with the price
but she only agree to pay 5% from the purchasing price as deposit.
With reference to Contracts Act 1950 and decided cases, advise Jenny on the
conditions for a valid ratification of agency.
QUESTION 2
Siti Nurfazura hired a boat from VV Boatworld Sdn. Bhd. for RM20,000.00 payable
immediately to view the National Day display at Putrajaya. Siti Nurfazura paid
RM8,000.00 upon booking and will pay the balance sum upon collecting the boat.
The display was cancelled due to heavy rain and storm. Siti Nurfazura claims for return
for the RM8,000.00 that she had paid to VV Boatworld Sdn. Bhd. on the ground that the
contract has been frustrated. VV Boatworld Sdn. Bhd. in return sued Siti Nurfazura for
the balance sum of RM12,000.00.
Explain the law relating to the frustration of contracts and advise Siti Nurfazura on the
above factual situation
QUESTION 3
Joseph the owner of Joe & Joe Sdn Bhd entered into negotiations to construct low-cost
houses and shophouses for his workers. Joseph wrote a letter to Suria Contractors Sdn
Bhd on 19 November 2022 accepting their proposal in respect of the project subject to
certain terms and conditions in the letter that were to be instituted in an agreement
between Suria Contractors and Joe & Joe Sdn Bhd. After receiving the said letter, Suria
Contractors Sdn Bhd proceeded to construct the low-cost houses, although no formal
agreement in writing had been executed. Subsequently, Joe & Joe Sdn Bhd instructed
Suria Contractors Sdn Bhd to cease all work and informed Suria Contractors their
intention to discontinue negotiations and that they will not be liable for any work already
completed by Suria Contractors Sdn Bhd. Suria Contractors Sdn Bhd initiated legal
proceedings against Joe & Joe Sdn Bhd for sums due to them for work completed. Joe
& Joe Sdn Bhd however, contends that there is no contract between them.
Discuss the circumstances and conditions the courts will take into consideration when
deciding whether there is a binding contract between the disputing parties.
QUESTION 4
Clark placed an advertisement in the New Start Times to sell her yellow scarf for
RM2,000.00 on 13 December 2022. Jimm wrote a letter to her, offering to purchase the
said red scarf for RM1,000.00 on 14 December 2010. On 21 December 2010, Clark
replied by return of post stating that she would accept RM1,300.00. Having received no
reply from Jimm, Clark wrote again on 31 December 2010 saying she would accept his
offer at RM1,000.00.
Advise Clark.
QUESTION 5
Aaron sold her four (4) penthouses in New York to Bill. At the time when she signed the
contract, she was surrounded by Bill and his gang. Fearing for her life, Aaron signed the
contract. Three weeks later, Aaron was no longer in fear of - and would like to set aside
the contract as it was entered into not of her own free will.
Advise Aaron.
ASSIGNMENT RUBRIC
WEIG VERY WEAK WEAK MODERATE GOOD EXCELLANT
CRITERIA HTAG SCORE
1 2 3 4 5
E
Able to write
Able to write
ideas with Able to write
Not able to ideas fairly
limited clarity Able to write ideas with
Introduction 2 write ideas clearly but /10
and require ideas clearly excellent
clearly require minor
further clarity
improvements
improvements
Able to apply
Able to apply new idea or
Not able to
new idea or Able to apply knowledge to
apply any Limited ability
knowledge to a new idea or a given
new idea or to apply new
Issue 3 given problem knowledge to a problem and /15
knowledge to idea or
with assistance given problem able to
a given knowledge.
from lecturer independently. propose
problem.
or student. alternative
applications.
Able to
Not able to Able to Independently
Able to explain provide
explain an partially able to explain
an idea with explanation of
Regulation 4 ideas, even explain an idea an ideas clearly /20
minimum ideas very
with with maximum without
assistance. clearly and
assistance. assistance. assistance.
accurately.
Not able to Difficulty in
organise and organizing and Able to
analyse analysing organise and
Information or
gathered gathered Information or analyse
data, but does
information information or data, clearly gathered
not clearly
or data and data and finds describe the information or
describe the
Application 4 fails to define difficulty in some factors data, clearly /20
factors that
the factors explaining the that contribute describe the
contribute to
that factors that to the factors that
the
contribute to neither problem/issue contribute to
problem/issue
the contribute to the
problem/issu the problem/issue
e problem/issue
Able to gather Able to gather
Able to gather and think about and evaluate
relevant information, information,
information, synthesise, able choose a clear
Has difficulty in
Fails to synthesise and to offer interpretation,
gathering,
gather evaluate the responsible and provide
Conclusion 3 synthesising /15
information information interpretations; sufficient
and evaluating
for discuss. and offer provides evidence
information.
simple, sufficient (quality and
unsupported evidence to quantity) to
conclusions. support support
conclusions. conclusion
Able to
Not able to Able to
Able to Able to produce produce their
produce their produce their
produce their their own work, own work,
own work, own work, no
Authenticity 2 own work but authenticity distinctive /10
there was a plagiarism and
there is minor and no authenticity
lot of require minor
of plagiarism plagiarism and no
plagiarism improvements
plagiarism
Not able to
Not able to Not able to Able to follow
follow Able to follow
follow follow according to
according to according the
according to according to the
the assignment
Format 2 the assignment the assignment assignment 10
assignment format and
format and format and format, and
format and good use of the
limited use of limited use of excellent use
no references
the references the references of references
references
Total Points: /100
