Convincing Features
Assignment Type
Subject
Uploaded by Malaysia Assignment Help
Date
| CONTENT |
| GROUP DISTRIBUTION |
| ASSIGNMENT: CASE STUDY |
| EXPLANATION ON HOW TO ANSWER CASE STUDY QUESTION |
| PRESENTATION RUBRIC |
|
ASSIGNMENT: |
CASE STUDY |
WEEK 9
(11.59PM) |
Font: Arial , 11
Alignment: Justify
Line spacing: 1.5
Page number: Middle, bottom of the page
This assignment accounts for 20% of the total marks for the course and shall be assessed based on the Marking Scheme attached.
The purpose of this assignment is to develop learners’ ability in solving issues that arise from dispute pertaining to contractual relationships.
1. Nadea is a successful businesswoman. She intended to expand her construction business in Sarawak. Tom, a broker told her that there is a cement factory that to be sold for RM800,000. She also was informed by the owner, Ming, that this factory can produce 100 tonnes of cement every month. Tom also gave assurance about this fact. Induced by the statement, she paid half of the price to Ming.
However, when she came to Sarawak and visited the factory, she found out that the factory may only produce 60 tonnes of cement per month. Unsatisfied with the situation, Nadea repudiated the contract and claimed for her money. Ming argued that there is a binding contract between them and she cannot claim her money if she is to repudiate the contract. Based on the above situation, determine the validity of contract between Nadea and Ming.
Next, advise Nadea on her right in this contract.
2. Two weeks ago, Afomia found Briana’s bag, which contained Briana’s family inheritance jewellery. Afomia returned the bag to Briana yesterday. Briana was so grateful that she promised to pay Afomia RM2000 today. Briana then changes her mind later today and decided not to pay Afomia. Can Briana claim that there was no consideration for the promise as Afomia had already found the bag before the promise was made?
Give a reason and include provisions to support your answer.
3. A contract was entered between Nadia and Andy. The terms of the contract were as follows.
a) Nadia agreed to lend Andy a sum of RM80,000.
b) Andy agreed to pay Nadia within 4 years from the date of the contract.
After 11 months, Andy’s son, Flynn paid Nadia a sum of RM50,000 as a full payment of his father’s debt. He told Nadia that if she did not agree of such settlement, Nadia needed to return the money back to him. However, the money was never returned. After 10 months, Andy received a summon form Nadia claiming the remaining sum of RM30,000. Based on the situation above, determine whether there is a good consideration between them. Next, advice Andy on his case.
Support your answer with the relevant provisions from Contracts Act 1950 and decided cases
~ It is the problem in the situation that you need to solve.
~ Basically, the question will ask you to give advice, discuss the liabilities or what action can be done by the person in the situation.
~ So you need to come up with an issue based on the requirement needed by the question.
~ REMEMBER: you need to construct your own issue BUT must be based on the question given. MUST BE IN QUESTION FORM.
~ It is the principle of law that related to the situation in the question.
~ Explanation consist of two parts which is section from relevant Act and decided cases from court.
~ For the section from Act, you must mention the number of the section and explain the rule that discussed in the section. First, copy paste the section from the Act and then explain the section with your own words and understanding.
~ For decided case, you must state the fact of case (what happen in the case) and the judgment made by the judge.
~ REMEMBER: all sections and decided cases must be related to the situation. That is why you need to determine first what topic that actually relevant to answer the case study.
~ It refers to relationship between the situation given to you and the explanation.
~ You must relate the situation given to you with the section and cases. What is the rule in the section and case that you can use to solve the issue in the question?
~ Must mention the name of character in the situation.
~ It is the answer for the issue.
~ The words must directly answer the issue. And give your final cause.
~ Must be made simple and complete.
| Allocation | 0 = Poor | 1 – 2 = Moderate | 3 – 4 = Good | 5 = Excellent | Marks | |
| Organization CLO2 |
Not organized, discussion makes no sense | Organized, discussion are somewhat jumpy | Good organization and discussion are logically ordered | Excellent organization and discussion are logically ordered | X2 /10 | |
| Provide little or no information on background and significance. Information is inaccurate or with many errors | Gives general information about the topic, but some relevant information may be missing, or significance is no clearly explained. No significant errors made | Discusses pertinent background information. Explains significance of the topic but some information is inaccurate | Discusses pertinent background information. Clearly explains significance of topic. Information is consistently accurate | X4 /20 | ||
| Provisions and cases not discussed | Provisions and cases are moderately discussed | Provisions and cases are clearly discussed | Provisions and cases are extensively discussed | X4 /20 | ||
| Provisions and cases are not related to the situation given | Provisions and cases are moderately related to the situation given | Provisions and cases are clearly related to the situation given | Provisions and cases are extensively related to the situation given | X4 /20 | ||
| Conclusions are not discussed | Conclusions are moderately discussed | Conclusions are clearly discussed | Conclusions are extensively discussed | X4 /20 | ||
| Aesthetics & References CLO2 |
References are not cited in text, and no reference list is provided. Style/format is incorrect | Some references are cited in text but not appropriately provided in references list (3-4 reference) | Most references are cited in text and appropriately provided references list (5-6) | Complete references in text and references list (more than 6 references) | X2 /10 | |
| MARKS | / 100 | |||||
| TOTAL MARKS (20%) | x 20 = 100 | |||||
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