Question 1

The doctrine of promissory estoppel, sometimes called quasi-estoppel or equitable estoppel, is a

flexible doctrine by which courts seek to do essential justice between litigating parties.

With the help of case law, explain three (3) features of promissory estoppel.

Question 2

Afnan won a tender project for the construction of a two storey school at Papar Sabah for RM2 million
from the Ministry of Transport. After a year, Afnan started having difficulties in getting metals for the
construction of the project as a result of import ban imposed by the government. He approached the
Director of the Public Works Department at the Ministry of Transport, Encik Taisir. The Director of the
Department agreed to assist Afnan in acquiring metals necessary for his project. Every time he was
short of metals, he would just approached Encik Taisir and he would be given his supplies.

In April this year, Encik Taisir was nabbed by the Anti-Corruption Agency for some misused of office
money.

Afnan could not continue with his project. As a result the Ministry of Transport sent a letter of
termination of the contract to Afnan.

Advice Afnan if he can raise promissory estoppel as a defence.

Question 3

Ken is a student of a private university in Malacca. He rented an apartment from

Mdm. Jenny for RM500 per month. Ken is actually self funded student but he works part- time at a
cyber cafe to pay for his personal and studying expenses. As Ken does not receive any financial
assistance and with the small income that he gets from his part-time job, Ken faced difficulties to
continue his study. Realizing Ken's difficulties, Mdm. Jenny told Ken that she agreed to reduce the rent
to RM250 but only until Ken obtained a scholarship. Due to the Mdm. Jenny's promise, Ken only paid
the rent at RM250 per month for the past 6 months. Recently, Ken and Mdm. Jenny had an argument
and Mdm. Jenny claimed for the 6 months arrears of rent in which Ken had only paid RM250 per
month. Mdm. Jenny also told Ken to pay her RM500 per month if he still intends to rent her apartment.
Ken refused to pay the arrears and the increased rent. He claimed that

Mdm. Jenny has no right to increase the rent and to claim the arrears.

With reference to the relevant case law, advise Mdm. Jenny.