Question: Assignment Question Alex who is a consulting engineer and contractor assisted ABC Sdn Bhd in obtaining certain land permit from the State Authority prior to
Assignment Question Alex who is a consulting engineer and contractor assisted ABC Sdn Bhd in obtaining certain land permit from the State Authority prior to the incorporation of ABC Sdn Bhd. Upon obtaining the said land permit, Alex furnish the permit to a representative of ABC Sdn Bhd, Mr Jisob who then promised to pay Alex RM100,000 for his services. A year later, when Alex approach ABC Sdn Bhd for the payment, ABC Sdn Bhd refuses to make payment on the basis that there was no formal and executed contract. Humiliated, Alex threatened ABC Sdn Bhd for the non payment and would like to bring the matter to court. ABC Sdn Bhd decides that to save time and cost, they will pay Alex an amount of RM10,000 as full and final settlement. ABC Sdn Bhd send letter enclosing a cheque of RM10,000 to Alex and in the letter it states that if Alex rejects this offer, he would have to return the cheque to ABC Sdn Bhd. Alex who is in need of the money due to financial problems cash out the monies and later demanded the remaining RM90,000 as it is not fair for Alex since the payment is only a small fraction of the alleged amount due. To add to his legal problems, Alex also enters a contract with DEF Sdn Bhd for his office lot. DEF Sdn Bhd promised that upon signing of the Sale and Purchase Agreement which will be in 3 months time, which will be in Dec 2021, Alex will pay the full purchase price of RM10,000 for the office lot. In November 2021, Alex was notified by DEF Sdn Bhd that they no longer wants to sell the office lot. Alex felt cheated and devastated over this. At the same time Alex is encountering various personal problems. Alexs wife, Amanda wanted to give their adopted son a piece of land worth RM50,000. However, the Land Office rejected the application and both were frustrated over this and would like to know why the transfer of land could not be enforced. To make matter worse, he was informed by various creditors such as Guitar Sdn Bhd and Maya Tutiton Sdn Bhd that his adopted son has not been making payment and there is arears of debt. His adopted son, Aaron, 17 years old had purchased a Marshall Guitar amounting to RM6,000 and have not make payment. Aaron represent himself to be 20 years old at the time of buying and informed that he is an aspiring singer. To Alex dismay, Aaron has also not making payment for his Tuition Centre who Aaron has been going for the classes for the last one year to assist in his studies especially Aaron is now sitting for SPM this year. Aaron owes Maya Tuition Sdn Bhd RM12,000 since he has not been making payment for almost 1 year. Desperate for money, Alex goes to Marcus as he knows Marcus owes him RM100,000. This is based on a contract that if Alex able to secure Marcus a job at an International Company, BP Oil through his connection, Marcus have to pay Alex for that job position. However, when Alex attempts to recover the money Marcus pointed out that the contract is invalid and therefore Alex will not be able to get the RM100,000. Advise Alex and the other relevant parties as to their rights, if any.
Introduction Students are required to briefly explain the principles of laws and the objective of this assignment whereby extensive research must be conducted Students must include relevant case laws and relevant section for Definition of Contract, elements, consideration, Intention to legal relation, illegal contract and etc /10 Content- (IPAC System) (Each IPAC needs minimum 3 cases) For Content Component, Student must be able to i) Understand and identify the key issues that are being asked in the question; ii) Cite the relevant case laws and provisions of laws; and iii) Conduct analysis/ application of the law to showcase understanding of the principles of law. Student must critically identify and elaborate in their discussions the followings: 1. What is the types of consideration 2. Principles of Consideration 3. What is capacity 4. What are the effects of conract entered by a non competent person 5. What are the exception to the general rule 6. Illegal /Void Contract Application of the laws discussed shall be made in advising the parties concern as well as the corresponding conclusion /60 Conclusion Students are expected to give personal view based on the relevant principles of law on the importance of the element of capacity and consideration in a contract, repercussion of Illegal Contract as well as /10 explain on the ethical aspect of the elements of contract Language Clarity of language, communication and creativity in delivering ideas. /10 References Proper References /10 Total Percentage /100 /30%
Guidelines Intro- Student to explain briefly what is contract and the elements of contract (with the relevant sections under the Malaysian Contract Act 1950 Content- Student to discuss all the different IPAC (issue), principle of law, application and conclusion. Cite as many cases and the relevant case laws. (Minimum 3 case for each issue) Student can do research on the difference in law from UK position and Malaysian position (depending on the issue) Conclusion- Overall conclusion of the assignment by explaining the importance of the elements of consideration and capacity. Student to also explain on reason why need to enter into ethical and legal contracts
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