Business Law

LAW101

Tutorial Questions

1
Questions on Malaysian Legal System
1. Explain any SIX (6) sources of law in Malaysia.
2. In your opinion, which is the more important source of law? Give
reasons for your answer
3. Explain the difference between the Constitution and legislation.
4. What is subsidiary legislation?
5. Why is subsidiary legislation important?
6. What is the difference between written and unwritten law?
7. Explain any TWO (2) reasons why written law is a more important
source of law compared to unwritten law.
8. Discuss any TWO (2) advantages and any TWO (2) disadvantages
of judicial precedent.
9. Briefly explain the difference between declaratory and original
precedent.
10. Explain how the doctrine of binding judicial precedent operates.

2
Questions on Malaysian Legal System II
1. According to University Act 2021 , “Smoking in universities is not allowed in cafeteria,
classrooms and any other places”. Sam was caught smoking at the university jogging
track. Explain whether Sam has committed an offence under the University Act 2021.
2. In Kuala Lumpur, there were a lot of complains from the locals that they were
constantly approached and harassed by salespeople in the streets. So, the local
council came out with a law that made in an offence for salespeople to approach
anyone in the street. One day, Julie who works as a salesperson, stood at the
balcony of a building and started calling out people in the street about the product she
was selling. She was charged under the law that stated that it is an offence for a
salesperson to approach people in the street. Her lawyer argued that she was not in
the street but at the balcony and thus, she did not infringe the law. With reference to
the relevant case law, explain which rule of the statutory interpretation can be used
here.
3. Road Transport Act 2019 states that “Anyone who is involved in an accident must
stop”. Sam was involved in an accident and he just drove off without stopping. He has
been charged under this Act for not stopping. His lawyer argued that he did stop for
one second and as such, he did not breach the Act. Explain whether Sam has
committed an offence under the Road Transport Act 2019.

3
Questions on Offer & Acceptance
1. On 3 March 2023, Alex wrote to Brian offering to sell to Brian his yacht, Lightning, for RM1
million. The letter expressly stated that if Brian did not reply by 10 March 2023, he would be
deemed to have accepted the offer. On 9 March 2023, Alex sent a letter to Brian revoking his
offer. On 10 March 2023 Brian posted a letter to Alex accepting Alex’s offer. Alex’s letter of
revocation reached Brian on 11 March 2023. Brian’s letter of acceptance reached Alex on 12
March 2023. Brian wishes to know whether there is a valid contract between him and Alex for the
sale and purchase of the yacht, Lightning. Advise Brian under the law of contract.
2. Sam made an offer to Ram to sell his Sony camera for RM1000. Before, Ram could accept the
offer, Sam dies of a heart attack. Ram is aware of it and writes to Sam accepting the offer.
Discuss whether a contract exists between Sam and Ram.
3. On 1 August 2006 Samy received a written offer from Chong for the purchase of Samy’s antique
gramophone for the sum of RM15,000. The letter expressly stated that if Samy did not reply
within two weeks Chong would presume that Samy had accepted the offer. Samy did not reply.
Chong now claims that there is a binding contract between him and Samy. Advise Samy
4. T advertised his speed-boat in a newspaper for RM4,000. S wrote back offering to buy the speed-
boat for RM3,500. T replied by return of post stating that he would accept RM3,750. Having
received no reply from S, T wrote again saying he would accept his offer at RM3,500. Advise T.
5. What are THREE (3) exceptions to the rule that acceptance must be communicated?
6. What are the conditions which must be fulfilled for there to be acceptance?
7. Explain the postal rule of acceptance and revocation.

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Q&A