QUESTION 1 :
Article 44 of the Federal Constitution vests the legislative authority of Malaysian in
Parliament. Explain the legislative process in the Parliament.
- Legislative process in the Parliament are Article 44 of the Federal Constitution
of the Yang Di-Pertuan Agong, the Senate, and the House of representatives
grants legislative power. The Parliament's two houses are crucial to the
legislative process. A bill may be passed into law in Malaysia through a
legislative process.
QUESTION 2 :
Explain the types of consideration according to the Contracts Act 1950.
Answer:
The main types of consideration in contract law are:
1) Executory consideration, which is an exchange of promises between parties.
2) Executed consideration, where one party performs an act in exchange for a
promise by the other party.
3) Past consideration, which is generally not valid as it refers to acts performed .
Sarah lost her bag which contained a digital camera .She advertised in a Utusan Kini
a reward of RM500 to any one who found and returned the camera to her.Liza found
the bag at a car park and returned it to her.Liza only knew of the reward promised
the next day after reading the advertisement in Utusan kini.advise Liza whether she
can claim the RM500 reward from Sarah.
Answer:
There is an element of offer because Sarah make an advertisement in news paper
Utusan Kini.The advertisement said that she will reward RM 500 to whom found her
bag.It is serious matter because she willing to give the reward. And the
advertisement is open to anybody .Referring to the sec2(a) CA 1950 when a person
signifies to another his willingness to do anything, means that he made an offer.
The second element is acceptance the offer.It means that any people who found and
give her the bag is eligible to receive the reward.Acceptance means that Liza is
perform these condition and the performance of the conditions is the acceptance of
the offer.Sarah give a confidence to the public and it emerges an advantage to them
which is enough to constitute a consideration.Referring to the Carlill v Carbolic
Smoke Ball ,an advertisement containing certain terms to get a reward constituted a
binding unilateral offer that could be accepted by anyone who performed its terms
The third elements in contract is consideration exist in these case.Sara agreed to
reward of RM500 to any one who found and returned the camera to her. Sarah give
a confidence to the public and it emerges an advantage to them which is enough to
constitute a consideration. Under Section 2(d) of the Contracts Act 1950, Malaysia
defines “consideration” as an act of doing or abstaining from doing something, or
making a promise, at the request of the promisor, promise, or any other person.
There is no time limit fixed to any person who found her bag, and Sarah did not
mentioned any period or stage for the reward.Means that liza eligible to claim the
reward.Referring to the limitation act 1953 , section 6 (1)(a) of the Limitation Act
1953 (here in after referred to as the 'Limitation Act'), provides that for action founded
on contract, the action cannot be instituted beyond 6 years from the date the accrual
of the cause of action.
In conclusion , Liza can claim RM500 from Sarah because there is a contract
binding between them.
QUESTION 1:
Elaborate the civil and criminal jurisdiction of courts in Malaysia
- The judiciary is vested with the authority to consider criminal cases and
render judgements about the validity of legislative and executive actions. The
federal court, the supreme court, and the lower courts have the authority to
decide cases across the nation. The Lord President of the Federal Court is in
charge of the judiciary. Additionally, the YDPA plays a unique function in
several federal court appeals. The legal system resembles a pyramid. As
mentioned above, the superior and subordinate courts hold the nation's
judicial authority.
QUESTION 2 :
Loma owned a shop where she sold costumes jewellery .Nina saw a brooch in the
display case which was priced at RM10.00 .Nina asked Lorna to take it out of the
display case as she wanted to buy it.She was then told that there had been a
mistake as the brooch actually cost RM100.00 .Nina was upset and she said that
Lorna had offered the brooch for RM10.00 .So must now sell it to her at that
price.Loma refused ,and now Nina wanted to sue Loma .Advised Lorna.
Answer:
The price in the display cage is an invitation to treat and not an offer.The brooch in
the display case are just an invitation for Nina to make an offer.Nina is making an
offer if she take the brooch to the counter.The owner Loma can either sell or refuse
to sell to Nina as her customer.Referring to the case Patridge v Crittenden , an
advertisement to sell a live protected wild bird not an offence because it was not an
offer to sell.
Referring to the case Harris v Nickerson ,an advertisement to sell office equipment
is an ITT and could not be regarded as a valid offer. The court decided that when
someone advertises that they will auction goods, it doesn’t mean they’re making an
offer to sell those goods to anyone.
Instead, the person who placed the ad can change their mind and decide not to
auction the goods before the auction happens. All three judges agreed with this in
Harris vs Nickerson, but they each wrote their own opinions.
Sec 2 (h) of the contracts Act 1950 , contract is an agreement enforceable by the
law .If the agreement is an ITT it is not recognised by the contract law and it is nor
binding.
As a conclusion ,Nina cannot sue the owner Loma because the contract is not
binding.
