LAW 2013 COMMERCIAL LAW DIPLOMA IN ISLAMIC BANKING AND FINANCE (DIBF)

GUIDES ON ANSWERING PROBLEMATIC QUESTION: STEP BY STEP As a law student, good factual knowledge of the relevant law is needed as it is the basis for success. Below are the three necessary qualities for a law student in order to pass the examination with excellent grade. Understand the principles of law. E.g. Contract entered by a minor is void unless it is a contract for necessities,

scholarship or insurance.

Learning the relevant legal facts. E.g. i) According to Section 10(1) of Contract Acts 1950, an agreement is a contract.

enforceable by law ii)

It was held in the case of Inchee Noriah v Shaik Allie Omar that

Skills in applying the principles and facts to problematic examination question. To answer a problematic question, students are advised to follow the format as given below. Students answer should consist of a paragraph or it can be divided into four (4) paragraphs. i) ii) iii) iv) Issue Law Case Application

LAW 2013 COMMERCIAL LAW DIPLOMA IN ISLAMIC BANKING AND FINANCE (DIBF)

v)

Conclusion

WHAT YOU SHOULD DO?

Initially, you should read the whole examination paper. Preferably, as you go through each question, make a brief note on the examination paper of any relevant cases and/or statutes that occur to you even if you think that you may not answer that question.

STEP 1

Identify the Issue

You must identify the ISSUE in the given situation. ISSUE is the problem that arises in the given situation and need to be

solves.
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The ISSUE should be identified in the first paragraph of the answer. Your ISSUE statement must start with the words Whether. statement is not considered as an issue and no mark shall

Otherwise, your be given. E.g. :

i)

Whether the contract between Ali and Abu is valid

or not? ii) Khalid due to Whether Siti can take legal action against Datuk fraud?

STEP 2:

List down the relevant law/s

Law is the principles or provisions that have been stated by statute or

case law. CITE the provision in the statute briefly. Do not quote it exactly statute.

from the

Remember that the cited provision must relevant to the question. E.g. : i) According to Section 7 of Contract Acts 1950, an must be absolute and unqualified and usual and reasonable

acceptance be expressed in some manner.

However, if there is no relevant provision, CITE the definition or as established from a decided case. i) As held in Clifton v. Palumbo, advertisements for an ITT because it is supply of negotiation

legal principle E.g. :

tenders is information and still in process and not a definite offer to sell.

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STEP 3:

Citing the relevant decided cases

Citing cases does not mean writing down the nature of every case that facts you can think of.

happens to deal with the general topic with which you are concerned and then detailing all the

You should cite only the most relevant cases - there may perhaps only more facts should be stated than are absolutely essential to of the case. If there is a relevant case, but you sufficient to refer to it as one decided

be one. No

establish the relevance case.

cannot remember its name, it is

In citing your case, you should give the correct name of the case. But, necessary to cite the full name of the case. : i) In the case of Hyde v Wrench, the fact of the case

it is not E.g.

is .. ii) In Coelhos case, it was held that

IMPORTANT! Whenever a statute or case is cited, the title of statute or the name of the case should be UNDERLINED or HIGHLIGHTED. This makes the examiners job much easier because he/she can see at a glance whether the relevant material has been dealt with

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STEP 4:

Application

Apply the relevant law given or the principle in the cited cases. Upon application of the relevant law or the principle in the cited cases, required to put forward your own ARGUMENT.

you are

ARGUMENT is an application of the given issues with the principles laid down by referring to the relevant law given before. Abu is only 10 years and not of the age of majority. minor and not competent to a Contract Acts

that has been E.g. :

Therefore, Abu is a contract. According to Section 11 of

1950, person competent to a contract must be of the age of majority, sound mind, and is not disqualified from contracting by any law to which he is subject. Buying a land worth RM 1.5m is not like Abu. Underline words = Example of arguments STEP 5: Decide your conclusion considered as a necessity for a minor

You are required to make a conclusion of their argumentation based on given at the beginning of the answer by using your own words.

the issue

Summarized your conclusion in such a way that you answer the

question. Your conclusion should include opinion or recommendation such as can

take legal action or can claim for available remedies.

LAW 2013 COMMERCIAL LAW DIPLOMA IN ISLAMIC BANKING AND FINANCE (DIBF)

E.g.

In conclusion, the contract made between Ali and Abu is Abu is a minor and not competent to a

void because contract.

You can start your conclusion statement with : i) ii) In conclusion, By referring to the provision in Section 11(1) of Contract Acts iii) To conclude the above issue,

1950, . vi)

With reference to the above issue, it can be conclude that

iv) As for conclusion,

Additional Notes i) Please arrange your answer carefully and accordingly. Try to allocate sufficient time question.

for each ii)

You are encouraged to construct your own sentence. You are advised not to as what been written in the notes or text book.

memorized exactly iii)

Please make sure your handwriting is readable. Otherwise, your marks shall be BLUE or BLACK pen. If you choose to underline the provision of answer script, please use any colour other than

deducted. Use only RED. iv)

the statute or cited cases in your

Do not forget to write your provision and name of the statute in full. You are not abbreviation or acronym in citing your provision, name of the

allowed to use statute or cases. E.g. :

i) ii)

Section 10(1) of Contract Acts 1950 or;

S.10 (1) of Contract Acts 1950 or;

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iii) vi)

Sec. 10 (1) of Contract Acts 1950

It is recommended for you to use transitional words in constructing your answer as may use words such as:

to enhance logical organization and understandability and improve the connection between thoughts. You

Thus, for example, to illustrate, in other words, furthermore, nevertheless, therefore, as a result, however, etc.

SAMPLE OF PROBLEMATIC QUESTIONS

1.

Whilst having lunch at a dining hall, Adila dropped her diamond engagement ring. RM 400 reward for anyone who found it. Nikky, Adilas roommate found her. But, Nikky only knew about the reward the next day hostel lobby.

She advertised

the ring and returned it to

after reading the advertisement at the

Advise Nikky as to whether she could claim the reward from Adila. (20 marks)

2.

Richman met with an accident and was bedridden for 10 years. He employed her his luxurious house at the paltry sum of RM50,000

Poorgirl, a trained nurse, to take care of him. During her employment, Poorgirl managed to convince Richman to sell despite the fact that the market price of the house was RM1.5 million. Upon recovery from his illness, Richman wanted to invalidate the sale.

Advise Richman. (20 marks)

3.

Sofia, a 10 year old student bought the following items from Beli Belah

Supermarket.

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(a) (b) (c)

3 sets of hand phone worth RM5000 A bicycle worth RM 200 Foodstuffs to the amount of RM 400

Sofia now refuses to pay for all the goods. Advise Beli Belah Supermarket. (20 marks)

4.

Lotter is a famous actor. He has appointed Faizal as his agent to buy a car. Lotter Faizal that the price of the car must not exceed RM45.000. On August and ordered a car which costs RM48,000 telling Diddy September 9, Diddy delivered the car to Lotter but

has instructed

4, Faizal went to Diddy's shop Lotter refused to accept the car.

that he was ordering it for Lotter. On

Advise Diddy. (20 marks)

SAMPLE OF PROBLEMATIC QUESTION AND ANSWER

Sasha is the owner of Sasha's Boutique. Once a week, she will display her new design of dresses in her shop window. One day, Datin Maria came and she was interested to buy one of her new design of dresses that was being displayed in her shop window. Unfortunately, Sasha refused to sell one of the dresses to Datin Maria. Datin Maria felt frustrated and she decided to sue Sasha for a breach of contract.

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Advise Datin Maria. (20 marks) Suggested Answer

Issue Legal Principle

: :

Whether Datin Maria can sue Shasha for breach of contract. Invitation to treat. Definition of invitation to treat. Types of Invitation to treat - Display of goods. Explanation on display of goods.

Relevant Decided Chemist Case

Pharmaceutical Society of Great Britain v Boots Cash

Facts : Held :

Application display of

When Shasha display her new design in her shop window, it is goods. In this case, she is not making an offer to the offeror and Shasha is the dress to

Datin Maria. Datin Maria is offeree. Shasha has a right to refuse to sell the

Datin Maria. There is no contract between Shasha and Datin Maria. As held in the case of Pharmaceutical Societys case, display of goods is an dress in the shop window is Conclusion invitation to treat is not an offer. : invitation to treat. Thus, in this case, display of not an offer.

Datin Maria cannot sue Shasha because there is no contract as

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