Final Exam questions (2011)
Time – 3 hours
Students are required to answer any 4 questions
Students are allowed to bring in original and unmarked copy of following statutes into exam hall:
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1.
Federal Constitution
Contracts Act 1950
Employment Act 1955
(a)
The Federal Constitution is the supreme law of Malaysia and, inter alia, it guarantees fundamental liberties to every citizen.
With reference to Article 8 and 10 of the Constitution, discuss critically whether such fundamental rights are sufficiently enshrined in the Constitution.
(12 marks)
(b)
2.
Distinguish between an offer and an invitation to treat. Give two examples to illustrate the distinction. (13 marks)
(a)
What is the standard of care for an engineer in the tort of negligence?
(b)
Discuss with relevant cases.
(13 marks)
What is constructive dismissal of an employee? What are the conditions that need to be met in order for an employee to claim constructive dismissal?
Elaborate with relevant cases.
(12 marks)
3.
(a)
John is an engineer and is employed by Do-Well College in January 2010 to teach engineering subjects. In the letter of employment, a clause was inserted which stipulates that John is not allowed to lecture in other colleges if he leaves the employment with Do-Well College within 2 years. John is now offered a teaching job in another college in May 2011 and he wishes to know if he can accept the appointment.
Advise John.
(15 marks)
(b)
What is the doctrine of mitigation of damages?
Discuss with relevant cases.
(10 marks)
1
4.
(a)
Agnes wishes to sell her valuable violin, so advertises it for sale. June visits Agnes, explaining that she would like to buy the violin, and they agree on a price. June produces a cheque book, but Agnes hesitates, saying that she would prefer cash. June then replies, ‘Look, you can see who I am,’ and produces various items of identity, bearing