INTRODUCTION TO PARTNERSHIP & COMPANY LAW/LAW2053/session2 2021/2022

INSTRUCTIONS TO CANDIDATES

1. You are to work in group of 4.

2. You are to discuss:

i. As to whether Lan has the right to receive 40% from the net profit.
ii. Additional commissions receive by Lan.
iii. Nana’s right as regard to the amount that she has paid to ABC Bank.
iv. Lani’s situation.
v. Whether Nana has the right to dissolve the firm.

3. Answers must be in type form Tahoma, size 12, 1.25 spacing.

4. Word count must not less than 2000 words.

Lan, Nana and Lani were partners in a construction firm name LNL Enterprise. Lan and
Nana was husband and wife. They agreed to contribute to the capital and share the
liabilities equally. However, the partnership agreement expressly stated that Lan shall
receive the first 40% of the net profits and both Nana and Lani will share the balance.

Lan has always been the firm’s representative for big government projects because of his
family connection with a leading politician. In all these projects he normally obtained
additional commissions for concluded deals. The other partners were not informed about
the commissions.

In February 2015, Nana became a guarantor for a loan taken by the firm from ABC bank.
The loan was for the purpose of renovation of the office of the firm. By November 2020,
Nana was asked by ABC bank for repayment of the balance of the loan amounting to
RM15,000 as the guarantor. Nana paid for the amount and sought to claim a
reimbursement from the other partners. The others denied liability.

Lani, without the knowledge of Lan and Nana opened another business of construction
firm in her own name. On discovering this, Lan and Nana intend to claim the profit earned
by Lani’s construction firm.

LNL Enterprise business was flourished but a big problem occurred in the management
of the firm when Lan and Nana started to have marital problems. The situation worsened
when Lan decided to divorce Nana. Nana gave a notice to dissolve the firm to her two
other partners but both Lan and Lani refused to accept the notice. They also claimed that
Nana has no right to dissolve the firm by notice.
 INTRODUCTION TO PARTNERSHIP & COMPANY LAW/LAW2053/session2 2021/2022

KOLEJ PROFESIONAL MARA

COURSE : INTRODUCTION TO PARTNERSHIP & COMPANY LAW (LAW 2053)

SESSION :2 2021/2022

RUBRIC: ASSIGNMENT(20%)
:
:
STUDENTS’ NAME & ID :
:
DATE OF SUBMISSION :
TOPIC : LAW OF PARTNERSHIP
LECTURER :

CRITERIA TOTAL
0-5 6-10 11-15 16-20
MARKS MARKS
Some signs Some signs of Some signs of logical Clear and concrete issues with
of logical logical issues but issues with some signs of clear/concrete authorities,
issues. with no logical authorities, Explanation from sections and
authorities, explanation from the cases are clear/concrete and
Issue no. 1
no explanation sections and cases are fully analyse with given case.
from the section, vague/unclear
no facts and court
held.

Some signs Some signs of Some signs of logical Clear and concrete issues with
of logical logical issues but issues with some signs of clear/concrete authorities,
issues. with no logical authorities, Explanation from sections and
authorities, explanation from the cases are clear/concrete and
Issue no. 2 sections and cases are fully analyse with given case.
no explanation vague/unclear
from the section,
no facts and court
held.

Some signs Some signs of Some signs of logical Clear and concrete issues with
of logical logical issues but issues with some signs of clear/concrete authorities,
issues. with no logical authorities, Explanation from sections and
authorities, explanation from the cases are clear/concrete and
Issue no. 3 no explanation sections and cases are fully analyse with given case.
from the section, vague/unclear
no facts and court
held.

Some signs Some signs of Some signs of logical Clear and concrete issues with
of logical logical issues but issues with some signs of clear/concrete authorities,
issues. with no logical authorities, Explanation from sections and
authorities, explanation from the cases are clear/concrete and
Issue no. 4 no explanation sections and cases are fully analyse with Given case.
from the section, vague/unclear
no facts and court
held.

Some signs Some signs of Some signs of logical Clear and concrete issues with
of logical logical issues but issues with some signs of clear/concrete authorities,
issues. with no logical authorities, Explanation from sections and
authorities, explanation from the cases are clear/concrete and
Issue no. 5 no explanation sections and cases are fully analyse with Given case.
from the section, vague/unclear
no facts and court
held.

ASSIGNMENT MARKS : / 100 X 20% =