TIPS FOR EXAM

Questions - Commercial Law

Question 1 In relation the Law of Contract, explain the meaning and the effect of: a) Offer b) Invitation to treat c) Postal rule Question 2 In relation to the Law of Tort , explain the meaning and effect of: a) Duty of care b) Breach of duty c) Damages Question 3 a) In relation to the Law of Agency, both agent and principal hold several duties. Explain FIVE duties of an agent. b) Jasny wants to start an insurance business. She needs to hire few people as her agents. She asks for your advice on creation of agency. Advise Jasny on FIVE ways to appoint an agent. . Questions - Ethics in Business

1. Analyse the advertisement in the next page and answer the following questions. This advertisement was published by FireFlySdn. Bhd. in the local publications.

a. Based on your assessment, what are the potential impacts of the advertisement on FireFlySdn. Bhdorganisation image in the context of Malaysian society? Please discuss FOUR (4) arguments.

b. Propose and discuss THREE (3) actions can be taken by FireFlySdn. Bhd. in the situation that the advertisement has been perceived negatively (unethical) by Malaysian society.

Question 2 Read the following case and answer the following questions On your first trip trip to China, you find yourself in a predicament. In just about all the business negotiation your chinese counterparts present you a gift. What makes the situation difficult is that your company explicitly forbids you to give or receive gives in in business transactions, worse, you have learned that in that part of the world it is considered basic courtesy to present visitors with gifts. You dont want to offend your hosts but you also dont want to break the rules of your company. 2a. What are the factors that should be considered when evaluating the morality of accepting a give. Explain any five factors

2b.

What are the impact of bribery to the business society and recommend a few

suggestions to minimize bribery in business transaction.

Question 3 According to the canonical view of business social responsibility, the moral obligation of business is to maximize profits while obeying the law. What justification is there for this model of business social responsibility? What shortcomings, if any, does it have? Incorporate at least one example each of both ethical and unethical business conduct in your discussion.

Question 4 Proponents of free markets depend upon market mechanisms to distribute goods and services in the most efficient manner. This view assumes that self-interested participants in the market will trade their resources in ways that improve their condition. Thus, no one will be made worse off by free trade, and the condition of many will be improved. Use a particular example or examples to evaluate this line of argument. In particular, discuss types of goods that free markets are arguably incapable of providing (environmental quality, worker safety, etc.). What is the proper role of government with respect to goods that the market fails to distribute efficiently?

Question 5

Rosen argues that hostile environment sexual harassment should be prosecuted as a violation of the right to privacy rather than discrimination. In this way, he hopes to diminish the incentive for employers to violate privacy by monitoring e-mail and other employee activities that might give offense to coworkers. Does Rosens proposal strike the right balance between privacy and discrimination concerns? Or does he, as Wells and Kracher would probably argue, leave some deserving victims of sexual harassment without legal recourse?

(25 marks)