Explain what is law and support your answer with relevant law. (5 marks) Discuss what is...

   

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Explain what is law and support your answer with relevant law. (5 marks) Discuss what is meant by the statement that "English law is part of the sources of Malaysian law" and explain its application in our current legal system. Support your answer with relevant law. (5 marks) Explain what is meant by the jurisdiction of the court and describe the following: a. Original Jurisdiction b. Appellate Jurisdiction c. Supervisory Jurisdiction d. Advisory Jurisdiction Semester 1, 2021/2022 Part B (15 Marks) Instruction: There are two questions. Answer One (1) question in the light of Contracts Act 1950 and/or relevant decided cases (if any). QUESTION 1 a) Although the terms 'contract' and 'agreement' are often used to mean the same thing, not all agreements are contracts. Elaborate on this statement. (5 marks) b) Miss Ayu and the Director of FOUR TV entered into a written agreement relating to a musical concert to be staged during the 3 days Hari Raya holidays in May 2021. The following were the terms: Clause (1): That Miss Ayu shall give three performances on 14, 15, and 16 May 2021 Clause (2): That the duration of the performance will be one (1) hour from 8:30 to 9:20 p.m. on each night. Clause (3): That for each performance, Miss Ayu would be paid RM4,000. Clause (4): That in the event Miss Ayu fails to appear and give a concert on the stipulated dates and time at the studio of FOUR TV, she shall be liable for the loss in the amount of RM12,000 plus the incidental charges for making all the arrangement for the program. Clause (5): That a formal agreement would be drawn up with the approval of the managers of the said parties to this agreement. Later, three (3) copies of the formal agreements drawn up by the Director of FOUR TV were sent for signature to Miss Ayu. Miss Ayu refused to sign the agreements. The Director of FOUR TV sued Miss Ayu for damages. Miss Ayu contended that there was no enforceable contract between her and the Director. Propose legal advice to Miss Ayu in this matter. (5 marks) c) Haris bought a 4 day 3-night holiday to Langkawi from Saujana Tours for himself, his wife, and 2 children. The whole family suffered from food poisoning after eating at the hotel's restaurant. Saujana Tours had put them in a hotel with poor hygiene standards and this was evident even upon casual inspection. Haris intended to sue Saujana Tours. Propose legal advice to Haris in this matter. (5 marks) Instruction: There are two questions. Answer ONE (1) question. PART C (10 marks) QUESTION 1 In modern times, mediation, conciliation, and arbitration procedures are being introduced into some of the courts and tribunals in Malaysia. Analyze whether there is any difference(s) and similarity(s) between Consumer Claims Tribunal and Small Claims Court with regard to the procedures of dispute settlement between the two? (4 marks) a) b) "One can only hope that the litigating public and bar will recognize the benefits of resolving disputes through alternative dispute resolutions (ADR) as a judge, one is constantly amazed at how many matters can be resolved if the parties face up to the practical problem that in many cases there be time to pay and payment must be stretched out over time. As I have said, you cannot get blood from a stone but you can get some juice from a turnip if it is squeezed with the right way." (The words of wisdom by Farley J, Ontario Supreme Court) In the light of the above statement, analyze one (1) alternative of dispute settlements that the community has turned to and its benefits to the courts' system in Malaysia. (6 marks) QUESTION 2 a) Adjudication is part of alternative dispute resolution. Analyze this statement. (5 marks) b) Examine how the Alternative Disputes Resolutions can be a better option to resolved disputes between parties in a contract? Support your answer with relevant methods in Alternative Dispute Resolutions. (5 marks) -End of Questions- Explain what is law and support your answer with relevant law. (5 marks) Discuss what is meant by the statement that "English law is part of the sources of Malaysian law" and explain its application in our current legal system. Support your answer with relevant law. (5 marks) Explain what is meant by the jurisdiction of the court and describe the following: a. Original Jurisdiction b. Appellate Jurisdiction c. Supervisory Jurisdiction d. Advisory Jurisdiction Semester 1, 2021/2022 Part B (15 Marks) Instruction: There are two questions. Answer One (1) question in the light of Contracts Act 1950 and/or relevant decided cases (if any). QUESTION 1 a) Although the terms 'contract' and 'agreement' are often used to mean the same thing, not all agreements are contracts. Elaborate on this statement. (5 marks) b) Miss Ayu and the Director of FOUR TV entered into a written agreement relating to a musical concert to be staged during the 3 days Hari Raya holidays in May 2021. The following were the terms: Clause (1): That Miss Ayu shall give three performances on 14, 15, and 16 May 2021 Clause (2): That the duration of the performance will be one (1) hour from 8:30 to 9:20 p.m. on each night. Clause (3): That for each performance, Miss Ayu would be paid RM4,000. Clause (4): That in the event Miss Ayu fails to appear and give a concert on the stipulated dates and time at the studio of FOUR TV, she shall be liable for the loss in the amount of RM12,000 plus the incidental charges for making all the arrangement for the program. Clause (5): That a formal agreement would be drawn up with the approval of the managers of the said parties to this agreement. Later, three (3) copies of the formal agreements drawn up by the Director of FOUR TV were sent for signature to Miss Ayu. Miss Ayu refused to sign the agreements. The Director of FOUR TV sued Miss Ayu for damages. Miss Ayu contended that there was no enforceable contract between her and the Director. Propose legal advice to Miss Ayu in this matter. (5 marks) c) Haris bought a 4 day 3-night holiday to Langkawi from Saujana Tours for himself, his wife, and 2 children. The whole family suffered from food poisoning after eating at the hotel's restaurant. Saujana Tours had put them in a hotel with poor hygiene standards and this was evident even upon casual inspection. Haris intended to sue Saujana Tours. Propose legal advice to Haris in this matter. (5 marks) Instruction: There are two questions. Answer ONE (1) question. PART C (10 marks) QUESTION 1 In modern times, mediation, conciliation, and arbitration procedures are being introduced into some of the courts and tribunals in Malaysia. Analyze whether there is any difference(s) and similarity(s) between Consumer Claims Tribunal and Small Claims Court with regard to the procedures of dispute settlement between the two? (4 marks) a) b) "One can only hope that the litigating public and bar will recognize the benefits of resolving disputes through alternative dispute resolutions (ADR) as a judge, one is constantly amazed at how many matters can be resolved if the parties face up to the practical problem that in many cases there be time to pay and payment must be stretched out over time. As I have said, you cannot get blood from a stone but you can get some juice from a turnip if it is squeezed with the right way." (The words of wisdom by Farley J, Ontario Supreme Court) In the light of the above statement, analyze one (1) alternative of dispute settlements that the community has turned to and its benefits to the courts' system in Malaysia. (6 marks) QUESTION 2 a) Adjudication is part of alternative dispute resolution. Analyze this statement. (5 marks) b) Examine how the Alternative Disputes Resolutions can be a better option to resolved disputes between parties in a contract? Support your answer with relevant methods in Alternative Dispute Resolutions. (5 marks) -End of Questions-

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PART A Law refers to rules which are created for purposes of regulating the behavior of citizens within a government Looking at Malaysia i would refer to Article 51 of the Federal Constitution of Mala... View the full answer