Thomas Sim PEA2066

Q.Are there any legal requirements relating to the form and consent of an arbitration agreement? What provisions are required for an arbitration agreement to be binding and enforceable?A.The Act that provides for […]

Q.Is there a simple straight forward guide to Arbitration in Malaysia?A.There is a good Q&A Guide on Arbitration in Malaysia.Arbitration Procedures and Practice in Malaysia – Overview.By ASHOK Kumar Mahadev Ranai, […]

Q.Compare and contrast the negligence in Anns v Merton LBC and Murphy v Brentwood. Why is the same concept of ‘duty of care’ different in both cases?A.Anns v Merton LBC, or short as Anns Test is a 2-stage test for […]

Q.
What is Quantum Meruit, and what case law could you quote for Quantum Meruit?

A.
Read more about Quantum Meruit from Wikipedia here and below.

Quantum meruit is a Latin phrase meaning “what one has earned”. […]

Q.
What is Force Majeure?

A.
Please go here to read about Force Majeure.

Q.Can a child of 9 years old act as an agent to source for a toy product for a principal who is involved in toy business?This child while testing the toys in the supplier’s premise caused an out burst of fire and […]

Q.The earlier case of Valuer giving a report which was relied upon by another buyer who suffered a loss (pure economic loss) – if a disclaimer was incorporated in the report – would it therefore shield the Valuer […]

Q.
What if your client asked you to give a honest opinion that the property is a good buy? And, you relied upon a report by your Valuer friend to show to him that it is below market price. You specifically said […]

Q.
Compare and contrast Tort with Contract.

A.
DISTINGUISH BETWEEN TORT AND CONTRACT:

I.  AS TO RIGHTS:

Law of tort protects right in rem available against the whole world.
Law of contract protects rights […]

Q.
If I suffer from Nervous Breakdown after witnessing a patient dying on the OT Table with overdose of adrenaline negligent of the attending doctor. Can I claim my suffering from his negligence?

A.
The two […]

(20 marks, 2010 Q2)A.(b)Various causes of depreciation.Please refer to 2012 Q8 here.Ref:Angie Ng – answering to Joanna Wee.2012 Q8 on causes of depreciation.

Q.
Is there any dispute over a contract that cannot be arbitrated?

A.
“English law has never arrived at a general theory for distinguishing those disputes which may be settled by arbitration from those which ma […]

Q.(a) Ali promises to pay Babu a sum of money if he can grow his area sales by 20% this year. The contract may be enforced if the company can hit the years target, and becomes void if the company did not even […]

Q.
With example, illustrate the “agreement contingent on impossible events void”.

A.
See contingent contracts here and
Scenario 1 here,
Scenario 2 here, and
Scenario 3 here,

This is
S.37 Agreement contingent o […]

Q.
Give an example of contingent contract in property transaction. What happens when the contingencies are not been realized by the expiry of the time period?

A.

See contingent contracts here and
Scenario 1 h […]

Q.
When a contingent contract is done between Ali and Abu on a deal of purchasing Abu’s house, Ali did not know Abu would get into trouble not able to return to Malaysia. So, what would happen to the […]

Q.
In a Contingent Contract, what would happen if the event is impossible to be carried out? The scenario below is referred.

Allan is a car salesman. Allan sold a second hand car Toyata VIOS to Fahan with the […]

Q.
What is a contingent contract? What has impossible event to do with contingent contract?

A.
See
See contingent contracts here and
Scenario 1,
Scenario 2,
Scenario 3, and

Scenario 4.

Part IV, S.32 of the C […]

Q.In a process of transaction, buyer signed the contract with the principal without seeing the principal. He only saw the agent. Can he ask the agent to do the necessary (like vacating the premise) without […]

Q.In the real estate industry, there are many occasions that agents post themselves as owners of properties. If you happen to believe that is being true, and only found out the truth at the last instance of […]