NAME : MUHAMMAD ALIF BIN MOHAMMAD ANUAR

ID : AM2001006550

IC NO : 970508075167

SECTION : 02

LECTURER : SIR MAIZUDIN

SUBJECT : LAW2043 - BUSINESS LAW

PART A: STRUCTURED

1.

a) Injunction

An equitable remedy in which a court orders a party to perform, or refrain from

performing, a particular act. A prohibitory injunction is an order forbidding a party from
performing an act; a mandatory injunction is an order to perform an act. An injunction
may be temporary, in place until judgment is entered , or permanent, continuing after
the conclusion of proceedings either perpetually or until a specified date (a final
injunction). Courts usually grant injunctions as final remedies only where the applicant
demonstrates that:

Its legal right has been infringed (or is about to be infringed).

Money damages are inadequate compensation.

An injunction needs to be in clear terms so that a party can understand what it must, or
must not, do. If a party violates the terms of an injunction, it may be held in contempt of
court.

b) Quantum meruit is a claim for reasonable remuneration for work done or services
supplied under the contract, in the event of a breach of contract.

Quantum meruit means “the amount he deserves” or “what the job is worth”. A claim for
Quantum Meruit is a claim for payment for works which have been carried out for which
the price has not been quantified and is usually a claim for a reasonable amount.

A quantum meruit claim may be based in contract or in restitution, although the term
“quantum meruit” is frequently used to mean a claim in restitution only.

A claim for quantum meruit in contract arises in two situations.

In the first situation the contract is silent on the measure of remuneration for the
services provided. In such a situation in construction, contract terms of payment of a
reasonable remuneration will be implied by statute.

In the second situation the contract contains an express agreement to pay reasonable
remuneration or similar terminology.

The above “Contractual Quantum Meruit” claims are actually simple claims in contract,
so that the first issue is whether or not there is a contract which applies to the situation.
If so, the main issue is then the measure of the reimbursement. In the second situation
above the main issue will be the interpretation of the particular terms of the contract.

Claims for quantum meruit in restitution seek to impose a right to payment by law
arising from the circumstances of unjust enrichment by one party at the expense of
another. The claim is occasionally referred to as a claim in quasi-contract. The issue in
“Restitutionary Quantum Meruit” is whether or not there is any entitlement at all in law. If
so, then the second issue is how the reimbursement is to be measured.

2. One of the alternative dispute resolutions is where a dispute is referred to a

neutral third party for a decision (awards) which would be binding on the parties.
Explain the nature and purpose of this type of alternative dispute resolution.

In a commercial dispute, parties may resolve it by resorting to either litigation. Or any

alternative dispute resolution mechanism. The alternative dispute resolution mechanism
are negotiations, conciliation, mediation and arbitration. Mediation and arbitration are
the most popular ones in Malaysia.

Arbitration is where a dispute is referred to a neutral third party for a decision

(awards) which would be binding on the parties. The essential element of arbitration is
the commercial agreement between the disputing parties must include an arbitration
clause, i.e. a clause demanding that parties are to refer any dispute which arises from
their agreement to arbitration before resorting to the law court.

A type of alternative conflict resolution that gives parties to a dispute an option other th
an to go to court to settle a dispute problem. Arbitration is either a court ordered to settle
a dispute, a dispute, or a neutral third party, known as an arbitrator, chosen by both par
ties and decided in advance to comply with the reward of the arbitrator.Typically, the ver
dict of the arbitrator is FINAL.
3. Badrul received a cheque crossed with the word “Bank Harimau”. Explain the
type of crossing of cheque received by Badrul and its legal effect.

The type of cheque received by badrul is special crossing. It is where a cheque bears
two parallel transverse lines across its face, placing a banker 's name between those
lines, either with or without the words "not negotiable."

The effect of special crossing is it is safer than the general crossing. Next, The paying
banker must pay the amount of the cheque only to the collecting banker named in the
crossing. Furthermore, The person who wants to obtain payment of the cheque must be
a “customer” of the collecting banker named in the crossing (i.e. having an account with
that collecting banker). Moreover, If the cheque going to be negotiated, it can only be
negotiated to any person who is a “customer” of the collecting banker named in the
crossing.

PART B: ESSAY

1.

Issue: The issue is whether Madam Ying has the necessary legal capacity at the time
when she signed the handwritten agreement based on revocation of proposal.

Law : This case fall under the revocation of proposal. The relevant section is section
5(1) of the contract act 1950 which state that A proposal may be revoked at any time
before the communication of its acceptance is complete as against the proposer, but not
afterwards. This is illustrated in the case of Byrne v. Tienhoven. D offered to sell 1000
boxes of tinplates to P. 1st Oct – D posted a letter of offer to the P in New York. 8th Oct
– D posted a letter revoking the offer of Oct 1 st. 11th Oct – P received the letter of offer
posted 1st Oct and sent acceptance by telegram on the same day. 20th Oct – D’s letter
of revocation received by P. Held: There was a contract between the parties because
the revocation of the offer posted on 8 th was not effective till 20th Oct when it was
received by the P. P had already accepted the offer on 11 th Oct when the telegram was
sent. (postal rule).

APPLICATION: By applying the relevant law to this case, the contract cannot be revoke
because Madam ying had already sign the agreement contract. There was a valid
contract between Shang and Madam Ying.
CONCLUSION: It can be conclude that, there was a valid contract between Shang and
Madam Ying.

2.

Issue: The issue is wether Tom can compel Jackie to return the oven to him under the
sale of goods.

LAW: This case fall under the transfer of tittle. Transfer of tittle can be defined as no
one can transfer a better title than he has himself. The relevant section is section 30 (2)
Sale of goods which provide A buyer having bought the goods or agreed to buy goods
obtains possession of the goods or the documents of title with the consent of the seller,
can pass a good title to the innocent buyer. This is illustrated in the case of Newtons of
Wembley Ltd v Williams The plaintiffs sold a car to A who paid by cheque and it was
agreed that title would not pass until the cheque was honoured. A was given possession
of the car but the cheque was dishonoured. The plaintiffs then rescinded the contract.
Subsequently, A sold the car to B who bought it without the knowledge of the fact. B, in
return sold it to the defendant. The plaintiffs attempted to recover the cat from the
defendant. Held: The defendant had a good title to the car that he had bought although
there was a prior defect in title. This is because A, the original buyer, was in possession
with the consent of the plaintiffs and it follows that he could pass a good title to B who in
turn transferred it to the defendant.

APPLICATION: By applying the relevant law to this case Tom cannot compel the oven
from Jackie because Murni was in possession with the consent of the Tom and it follows
that he could pass a good title to Jackie who in turn transferred it to the buyer according
to the section 30(2) Sale of Goods held there was a valid contract between Tom and
Murni.

CONCLUSION: It can be conclude that there was a valid contract between Tom and
Murni and Tom cannot compel Jackie to return the oven.
4.

ISSUE: The issue is whether Bank Pinjam can immediately retake his car.

LAW: This case fall under repossession. Repossession can be defined as The owner is
entitled to recover possession of the goods when the hirer has committed a breach of
contractual obligations relating to payment of installments under the agreement. The
relevant section is section 16(1C) Where the hirer is deceased, there has to be 4
successive defaults of payment of instalments before the owner can takes possession
of the goods.

APPLICATION: by applying the relevant law in this case, Osman defaulted in paying
the installment of the car for 3 months in a row. The period fixed by the notice must not
be less than 21 days after the service of the notice by Bank Pinjam. The 21-day period
fixed by the notice must have expired. When the goods has been repossessed, the
owner must personally deliver to the hirer a document acknowledging receipt of the
goods – s 16(4) & (5). The document must contain a description of the goods and the
date, time and place of repossession. S 16(3) Within 21 days after the owner has taken
possession of the goods, it must serve on the hirer and guarantors (if any), a notice in
writing in the form set out in Fifth Schedule (Sch), HPA 1967.

CONCLUSION: It can be conclude that Bank Pinjam have the right to do repossession
take Osman car because of the default payment from Osaman.