Question 1 1 1.1 Introduction 2 1.2 Offer 2 1.3 Counter offer 4 1.4 Option contract 4 1.5 Acceptance 5 1.6 Postal Rule 5 Question 2:. 7 2.1 What is Judicial Precedent? 7 2.2 Hierarchy of Precedents 8 2.3 Limitations and Types of Judicial Precedent 9 2.4 Advantages and Disadvantages of Judicial Precedent 10 2.5 Contributions of Judicial Precedent 12 3.0 References 14
Question 1
On 13 September, Fiona, a newly qualified dentist, receives the following note from her uncle:
10 Park Street
Nilai
71800 Negeri Sembilan
Malaysia
Dear Fiona
We talked some time ago about your buying some of my dental equipment when I retire from my practice at the end of this month. I am prepared to let you have everything for RM15,000. Let me know fairly quickly if you’re interested because I’ve already had a very good offer from one of my colleagues.
Your affectionate uncle
Arnold
Fiona is keen to take advantage of her uncle’s offer but is unsure whether she can raise such a large amount of money by the end of September. She phones her uncle to find out whether she can have until after Christmas to pay. He uncle is away at a conference and so Fiona leaves a message with his secretary. Two weeks pass by and, as Fiona has not heard from her uncle, she arranges a loan with her bank. On 28 September she writes to her uncle accepting his offer and enclosing a cheque for RM15,000. On 30 September, her uncle phones to say that he has already sold the equipment to someone else.
Advise Fiona.
(50 marks)
Question 2
Critically discuss the doctrine of judicial precedent of the Malaysian legal system with the current role.
(50 marks)
1.1 Introduction
According to the case study, where Fiona, a newly qualified dentist, receives a letter from her uncle on the 13th September saying that he is prepared to let Fiona have all of his dental equipment for RM15,000. He told Fiona to reply him quickly as there is another offer