Question 1

1. State any FOUR (4) elements of a contract. (4 marks)
2. Explain what is past consideration and executed consideration. (4 marks)
3. What is meant by privity of contract? Give an example. (4 marks)
4. Section 14 of the Contracts Act 1950 states that consent is free when it is not caused by vitiating factors. State any FOUR (4) of these factors. (4 marks)
5. State FOUR (4) ways in which agency may arise. (4 marks)
6. Original works, derivative works and published editions of works all are protected under the Copyright Act 1987. Give any FOUR (4) types of original works which are so protected. (4 marks)
7. Explain what judicial precedent is. (4 marks)
8. Explain the difference between an acceptance and a counter-offer. (4 marks)
9. How does a void contract differ from voidable contract? (4 marks)
10. What are the Four (4) exceptions that allows minor to make contract? (4 marks)

Question 2

1. Jack wishes to know when a contract takes place in display of goods in supermarket. Advise him and support your advice with the relevant case law. (8 marks)
2. Discuss the principle of counter offer under the law of contract. Support your answer with relevant provision(s) under the Contracts Act 1950 as well as the appropriate case law. (6 marks)
3. Must consideration move only from the promise? Discuss the application of this principle under common law and Malaysian law. (6 marks)

Question 3

1. Amir wishes to go into direct sale business. He approaches you for advice on:

(i) The requirements of a direct sale contract and (5 marks)

(ii) The contents of a direct sale contract. (5 marks)

2. Discuss whether any offences have been committed under the Trade Description Act 1972 in the following separate and independent situations:

(i) Lee bought a very expensive branded bag from an exclusive outlet in Pavilion. The label inside the bag describes it as genuine leather. Later, she discovered that is actually artificial leather. (5 marks)

(ii) Thomas bought a baby dress from a baby boutique. The boutique advertised Special Offer, RM350 for today only! Normal price RM700. Later, he discovered that the original price was actually RM350 only. (5 marks)

Question 4

The major types of intellectual property are copyright, patent and trademark. State, with reasons whether each of the following examples of intellectual property is a copyright, patent or trademark:

(a) A song entitled I Miss You So Much. (2 marks)

(b) A man-made virus for use in medical research. (2 marks)

(c) A film titled World War 2. (2 marks)

(d) A brand name for cookies known as Mama Cookies Special. (2 marks)

(e) A remote control vacuum cleaner.

(f) A book entitled Law and Order. (2 marks)

(g) An instrument for use in laser surgery. (2 marks)

(h) A brand name for shoes known as Hush Puppies. (2 marks)

(i) The Petronas Twin Towers. (2 marks)

(j) A specific layout for a restaurant with a standard design, colour theme and setting. (2 marks)

Question 5:

1. Explain what is meant by the following implied terms under the Sales of Good Act 1957. Illustrate your answer with case laws.

1. An implied condition that the seller has a right to sell the goods- Section 14 (a). (2 marks)
2. An implied warranty that buyer shall have and enjoy quiet possession of the goods- Section 14 (b). (2 marks)
3. An implied condition that the goods shall correspond with the description- Section 15. (2 marks)
4. An implied condition that the goods shall be reasonably fit for such purpose Section 16(1)(a). (2 marks)
5. An implied condition that the goods shall be merchantable quality- Section 16(1) (b). (2 marks)

2. Explain the meaning of the following goods:

1. Existing goods (2.5 marks)
2. Specific goods (2.5 marks)
3. Ascertained goods (2.5 marks)
4. Unascertained goods (2.5 marks)

Question 6

1. Describe any FOUR (4) ways how an agency relationship can be created. (12 marks)
2. An agency relationship may be terminated by act of parties or operation of law. Describe any FOUR (4) ways how an agency relationship can be terminated by operation of law. (8 marks)