ASSIGNMENT 1A: DRAFTING STATEMENT OF CLAIM (BREACH OF CONTRACT)

What you need to prepare:

1) Notice of Demand to the Defendant
2) Writ of Summons (Form No. 2, Rules of Court 2012)
3) Statement of Claim (Order 18, Rules of Court 2012)
4) Covering Letter to the Defendant (for service of documents)
5) Affidavit of Service (Order 41, Rules of Court 2012)

References

1) Rules of Court 2012 (Order 6, 18, 41)

2) Shahrul Mizan Ismail & Yusfarizal Yussof. (2016). Civil Litigation in Malaysia: A
Practical Guide to Drafting Pleadings. Petaling Jaya: International Law Book Services.
(pp. 31-80, 105-152)
3) Malaysian Court Forms in Civil Proceedings (Vol. 4). (2002). Kuala Lumpur: Malaysian
Law Journal Sdn. Bhd. (pp. V1 20001-V1 20807, V1 21001-V1 21636)
*(please cross-refer the Rules of Court 2012 for the latest provisions and forms)
4) Malaysian Court Forms in Civil Proceedings (Vol. 6). (2002). Kuala Lumpur: Malaysian
Law Journal Sdn. Bhd. (pp. X 732-X 734)
*(please cross-refer the Rules of Court 2012 for the latest provisions and forms)
5) Nallini Pathmanathan (Gen. Ed.). (2017). Bullen & Leake & Jacob’s Malaysian
Precedents of Pleadings. Subang Jaya: Thomson Reuters Malaysia Sdn. Bhd. (pp. 1-8)
6) Hamid Sultan Bin Abu Backer. (2018). Janab’s Key to Civil Procedure. (6th Ed.). Kuala
Lumpur: Janab (M) Sdn. Bhd. (pp. 204-214, 394-441)

Rules
a) This is a group assignment. All group members must contribute to the exercise. Do not
copy from the work of other students/groups. No plagiarism is allowed.
b) Whenever necessary, students are required to refer to the standard forms as provided for in
the Rules of Court 2012.
c) In case where there is no standard/required form to be followed, students are strongly
encouraged to use their own language and words to express the meaning and
understanding.
d) The drafting exercise must be prepared in English.
e) The required font type is ‘Times New Roman’, and font size is 12.
f) The total marks for this exercise are 10 marks.
g) The due date for submission is 24 FEBRUARY 2020 (MONDAY). Please be reminded
that mark(s) will be deducted for late submission. In case of no submission, mark will not
be given.
h) The venue for submission is 2059, COLGIS.
1
Question

(a) Brief facts:

Mahmud Salah Bin Raheem (“Salah”) is the sole proprietor of an IT business in Alor Setar.
College Polytech Maju (“CPM”) is a private college located in Penang.

CPM upgraded its computer facilities for students’ usage. Salah had secured a contract with
CPM for supplying 200 units of computer to the newly upgraded computer laboratory. Both
Salah and CPM had effected an agreement for the supply of 200 units of computer. The
contract placed an obligation on Salah to supply new computers to CPM. Additionally,
CPM relied on Salah’s expertise to supply computers with updated software that meet the
students’ needs. In consideration of Salah supplying the computer, CPM agreed to pay
Salah a sum amount of money, being the payment of the 200 computers in two stages. The
first stage payment shall be made within one (1) month after the signing of the contract,
and the second stage payment shall be made within three (3) months after all the computers
have been installed at the computer laboratory.

After all the computers had been installed at the computer laboratory, the laboratory
coordinator found that at least 20 units of the computer were defective and of no
merchantable quality. CPM wrote to Salah informing the latter about the condition of the
defective computers. Salah denied any liabilities and claimed that the computers were in
good condition when they were supplied and installed. Salah claimed the remaining
payment (i.e. the second stage payment) due from CPM as stated in the contract. However,
CPM refused to make the payment on the ground that Salah had supplied defective and
non-merchantable computers.

(b) Instruction:
 You have been appointed by Salah to represent him in filing a legal action against
CPM. Prepare the aforementioned legal documents and pleadings.
 Whenever necessary, you are allowed to construct the followings:
- The particulars/details of Salah and CPM.
- The details of the contract entered into between the parties.
- The losses suffered and the prayers for relief.