What is the difference between Conditions and Warranties?

Breaching Conditions Allows you to repudiate the contract

An anticipatory breach of contract refers to

a party announcing a cease of interest in their obligation

Kerpa Singh v Bariam Singh is a case regarding

Discharge of obligation by partial payment

Case Law about exclusion clauses

L'estrange v Graucob, Curtis v Chemical Cleaning Co

Which of the following is NOT void regarding the capacity of a minor

Enforcing a contract for necessities with a minor

In what case will Specific Performance be granted?

Damages inadequate for remedies

Which case law is for Advertisement

Partridge v Crittenden, Harrison v Nickerson

instituting and defending a legal action in court

Aside from having to be suitable to local customs, English Common law can only be applied IF

There are no local laws governing the issue

Discharge of a contract by frustration means it is

Physically impossible to perform, Legally impossible to perform

Pearce v Brook case details

Prostitute hired coach. Illegal contract. Voided. No pay.

Which of the following is not a valid mode of offer termination

By notice of offeree after acceptance

Carlill vs Carbolic Smoke Ball is regarding

Advertisements can be considered as offers

Which of the following is NOT a valid way to terminate an offer

By acceptance of offer by third party

An Anton Piller Order

seizes evidence to prevent its destruction

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Media Law ZY Edition

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Questions 129

Answers

1
What is the difference between Conditions and Warranties?
Breaching Warranties Allows you to repudiate the contract
Breaching Conditions Allows you to repudiate the contract
2
Plaintiff was discharged from a contract due to breaching a condition of the contract
Yong Ung Kai v Enting
Bettini v Gye
Hyde v Wrench
Poussard v Spiers
3
An anticipatory breach of contract refers to
a party announcing a cease of interest in their obligation
Circumstances of the contract become unlawful
A frustration caused intentionally by the party
A delay in performance where time is of the essence
4
Husband and wife divorce. Got agreement. Husband did not honor. But got binding contract.
Merritt v Merritt
Balfour v Balfour
5
A law enacted by the Federal Parliament is known as an
Act
Enactment
6
Sumpter v Hedges was a case of
Medulla Oblongata
Anton Piller Order
Quantum Meruit
Mareva Injunction
7
Displays flick knife in shop. Gets sued for selling knife. Not really selling, just ITT.
Harvey v Facey
Fischer v Bell
Pharmaceutical v Boots
Partridge v Crittenden
8
In Section 30 of the Contracts Act, terms with uncertain meanings will render an agreement
Void
Voidable
9
Wild birds for sale. Gets charged for offering wild birds for sale. Just an ITT.
Payne v Cave
Partridge v Crittenden
Harvey v Facey
Harrison v Nickerson
10
Case law regarding Price List/Quotation
Partridge v Crittenden
Harvey v Facey
Payne v Cave
Harrison v Nickerson
11
Section 6 of the Contracts Act covers
Acceptance of Offer
Postal Rule
Termination of Offer
Capacity
12
Hyde v Wrench is regarding
Cow hide and tension wrenches
capacity
postal rule
counter offer
13
Kerpa Singh v Bariam Singh is a case regarding
Natural love and affection as valid consideration
Discharge of obligation by partial payment
Consideration from a third party
Past consideration is valid consideration
14
Which of the following is not a mode of contract discharge?
Revocation
Performance
Breach
Agreement
15
Case law regarding intention to create legal agreement in a company setting
Kepong Prospecting & Ors v Schmidt
Leha Jusoh v Awang Johari
Edwards v Skyways
Pelly v Royal Exchange Assurance
16
If a defendant is found guilty of breaching criminal law, he will be punished by
his mom
The State
The tribunal
The Federal Government
17
Case Law about exclusion clauses
L'estrange v Graucob
Pelly v Royal Exchange Assurance
Yong Ung Kai v Enting
Curtis v Chemical Cleaning Co
18
Which of the following is a subordinate court
Industrial Court
High Court
Federal Court
Native Courts
19
Case law about Contract for Necessaries for Minors, involves fancy waistcoats and Cambridge
Nash v Inman
Scarborough v Sturzaker
Bibee v Ghose
20
Upon breaching the warranties of a contract, the injured party may not
repudiate the contract
sue for damages
feel betrayed
21
Case law regarding uncertain terms
Karuppan Chetty v Suah Thian
Kerpa Singh v Bariam Singh
Phang Swee Kim v Beh I Hock
Kepong Prospecting Ltd & Ors v Schmidt
22
Discharging a contract by substituting it with a new one
Remittance
Novation
Waiver
Repudiation
23
Bettini v Gye is a case about
Express Warranty
Exclusion Clause
Implied Condition
Express Condition
24
Which of the following is NOT void regarding the capacity of a minor
Enforcing a contract for necessities with a minor
Purchase of property by a minor
Enforcing a general contract between adult and minor
Transfer of property by a minor
25
Case law for Discharge by Frustration
Taylor v Caldwell
Re Tan Soh Sim
Tan Hock Chan v Kho Teck Sang
Gan Hwa Kian & Anor v Shencourt
26
Contracts for Necessities for a minor is allowed under which section of the Contracts Act
89
79
68
69
27
An Ordinance applies only for
The town it was enforced in
Sabah and Sarawak
Sarawak
The state it was enacted in
28
In what case will Specific Performance be granted?
Evidence of fraud
Damages inadequate for remedies
Causes undue hardship to defendants
requires constant court supervision
29
Which case law is for Advertisement
Harvey v Facey
Partridge v Crittenden
Harrison v Nickerson
Fischer v Bell
30
Oral communication of contract is under
Implied communication
Express communication
31
Litigation refers to
a word commonly mistaken for 'mitigation'
the process of prosecution
instituting and defending a legal action in court
the administration of the law and the decision of cases
32
Noorfadilla bt Ahmad Saikin v Chayed bin Basirun &Ors [2012] is a case under
Constitutional Law
Business Law
Criminal Law
Administrative Law
33
Case Law regarding Postal Rule
Felthouse v Bindley
Hyde v Wrench
Cocoa v Latte
Ignatius v Bell
34
Aside from having to be suitable to local customs, English Common law can only be applied IF
There are no local laws governing the issue
There are multiple contradicting local laws
The enforcers speak good English
The local customs are deemed inappropriate
35
Discharge of a contract by frustration means it is
Physically impossible to perform
Legally impossible to perform
Rendered equanimous by a waiver
Too costly to perform
36
Termination of Offer is covered in which Section of the Contracts Act
4
7
6
5
37
Pearce v Brook case details
Coffee machine broke. No warranty due to exclusion clause.
Contract voided due to mistake. There were 2 Peerlesses.
Opera singer failed to attend rehearsal. Breached warranty.
Prostitute hired coach. Illegal contract. Voided. No pay.
38
Judicial Precedence is regarded as
Unwritten Law
Written Law
39
Case Law: Natural Love and Affection is valid consideration
Re Tan Soh Sim
Lampleigh v Braithwait
Kerpa Singh v Bariam Singh
Phang Swee Kim v Beh I Hock
40
Government of Malaysia v Gurcharan Singh is a case regarding
Revocation of Offer
Scholarship
Criminal breach
Repudiation
41
Which of the following is not a valid mode of offer termination
By notice of offeree after acceptance
By notice of offeror
By failure of offeree to fulfil condition
By lapse of time
42
Discharging a contract by remitting the performance of a promise
Waiver
Recession
Novation
Retribution
43
Contract made under coercion is deemed
Void
Voidable
44
What is the maximum value of subject matter that can be tried in magistrate courts
RM 100,000
RM 8000
RM 1,000,000
RM 10,000
45
Pelly v Royal Exchange Assurance is a case about
Implied Condition
Express Condition
Implied Warranty
Written Exclusions
46
Carlill vs Carbolic Smoke Ball is regarding
Advertisements can be considered as offers
Display of Goods can be an offer
Display of Goods is merely an ITT
Statement of Price is not an offer
47
Which of the following is NOT a valid way to terminate an offer
By acceptance of offer by third party
By mental disorder of offeror
By counter offer
By death of offeror
48
An Anton Piller Order
orders custom pillars for Anton
prevents dissipation of assets
seizes evidence to prevent its destruction
freezes assets
49
The Pulau Batu Puteh case is an example for
Private Law
Civil Law
Domestic Law
International Law
50
Asset freezing by the court is done through a
Mareva Injunction
Obiter Dictum
Anton Piller Order
Stare Decisis
51
Which is a mandatory criteria for consideration?
Not be offered by a third party
Be sufficient
Be adequate
Have value
52
A voidable contract is
Invalid from the moment a party is placed under coercion
Enforceable at the option of the party asserting coercion
Enforceable at the option of the aggrieved party
Completely non-enforceable
53
Kepong Prospecting Lts & Ors v Schmidt is a case about
Past Consideratioin
Certainty of Terms
Acceptance
Sufficient Consideration
54
Consideration may come from a third party
Re Tan Soh Sim
Venkata Chinnaya v Verikatara Ma'ya
Kepong Prospecting Ltd & Ors v Schmidt
Phang Swee Kim v Beh I Hock
55
Which of the following cases were not legally binding
Merritt v Merritt
Balfour v Balfour
56
Which law is applicable for intergovernmental organizations on issues such as human rights
Media Law
Private International Law
Public International Law
Administration Law
57
__ regulates issues governing citizens of sovereign states
Private International Law
Public International Law
58
Which does not fall under an element of a contract?
Certainty of terms
Witness of Legal Representative
Intention to create legal relations
Capacity to contract
59
Sees ad for auction, travels to auction, item has been withdrawn from auction, x jadi
Fischer v Bell
Harrison v Nickerson
Harvey v Facey
Payne v Cave
60
Which of the remedies is a termination of contract by mutual agreement, or court action
Rescission
Recession
Restitution
Retribution
61
If damages are an adequate remedy, injunctions
Will not be granted
Can still be granted
will revert the damages onto the claimant
will be converted into just junctions
62
The supreme law refers to
The decision of the supreme court
The Federal Constitution
The English Common Law
Kim Jong Un's words
63
The Contracts (Amendment) Act 1976 is regarding
Certainty of Terms
Acceptance of Offer
Postal Rule
Scholarships
64
Which of the following do not apply to domestic private law
tort, contract, employment law, family law, commercial law
Affects rights and duties among individuals
criminal offences i.e. theft, rape, murder
gives compensation to injured parties
65
Gibson v Manchester City is regarding
Display of Goods
Quotation
Invitation to Treat
Auction
66
Which of the following is not an element of a contract?
Consideration
Offer
Acceptance
Voidability
67
Can the claimant of damages recover damages that can be avoided through reasonable steps?
Yes
No
68
the clause "and applicable laws" in a contract is an
Implied Condition
Cold Press Condition
Express Condition
Applicable-Law Condition
69
auction bid revoked before fall of hammer
Felthouse v Bindley
Fischer v Bell
Payne v Cave
Harvey v Facey
70
Person making a representation believes it to be true
Fraud
Misrepresentation
71
Does Small Claims Court require legal representation?
Yes
No
72
Law is a body of rules adjudicated by judiciary. 'Judiciary' refers to:
The Lawyer
The Defendant
The Court
The Plaintiff
73
Just a domestic agreement, no intention to create legal contract
Balfour v Balfour
Merritt v Merritt
74
Which of the following has higher importance in a contract?
Warranties
Conditions
75
Can a minor use lack of capacity as a defense to avoid a contract if he misrepresented his age?
Yes
No
76
For a minor to qualify for a Contract for Necessaries, the following is NOT a dependant factor
Nature of Goods
Minor actual needs
Minor's capacity to defend himself
Minor's station in life
77
"An agreement without consideration is void"
Section 2(d) of Contracts Act
Section 5 of Contracts Act
Section 26 of Contracts Act
Section 6 of Contracts Act
78
Case Law for Display of Goods
Balfour v Balfour
Pharmaceutical Society v Boots
Fischer v Bell
Payne v Cave
79
There are 3 elements to Capacity. Which of the following is not one of them.
Not Disqualified by Law
Competent to Provide Consideration
Age of Majority
Sound Mind
80
A minor was liable to honour a contract to pay for a bike, which was regarded as a necessity
Ali v Ramesh
Scarborough v Sturzaker
PP v Ms Mimi
Nash v Inman
81
Communication of Acceptance must be as below, except
Within reasonable time
Expressed in usual and reasonable manner
Absolute
Revokeable after acceptance within reasonable time
82
A party in the position to dominate the will of the other, uses it as an unfair advantage.
Coercion
Misrepresentatioin
Undue Influence
Fraud
83
An "Act" or "Akta" refers to
a Judicial Decsion
en Equity
a Common Law
A Legislation
84
The definition of contract is stated under
Section 2(h) of Contracts Act 1960
Section 2(e) of Contracts Act 1950
Section 2(e) of Contracts Act 1960
Section 2(h) of Contracts Act 1950
85
An entire, non-divisible contract can be granted Quantum Meruit
False
True
86
Loan money to an infant. Contract void. Mortgage recovered. Money loaned irrecoverable.
Leha Jusoh v Awang Johari
Bibee v Ghose
Natesan v Thanaletchumi & Anor
Nash v Inman
87
The lowest-tier court that is eligible to hear cases carrying the death penalty is
The Sessions Court
The Federal Court
The Magistrate Court
The High Court
88
Contract, Tort and Trust fall under subcategories of
Public Law
Private Law
89
Tweddle v Atkinson is a case concerning
Privity
Invitation to Treat
Capacity
Novation
90
The Moorcock case is about
More cocks
sale of timber subject to obtaining license beforehand
storing a ship's tackle in a warehouse as normal practice
a wharf that's implied to be reasonably safe to moor a ship
91
The 3 main authorities in Malaysia's Federal System DO NOT INCLUDE
The Executive
The Judiciary
The Appointment
The Legislative
92
The Legislative Authority excludes
The Federal Court
The State Assembly
The Parliament
93
Raffles v Wichelhaus is a case concerning
Fraud
Plain Stupidity
Misrepresentation
Mistake
94
Which of the following is not a mode of contract establishment
Oral
Written
Conduct
Consent
95
Misrepresentation of age by a minor to enter a contract renders said contract
Valid
Void
Voidable
96
When a particular act is fulfilled, then only is the consideration given.
Executory Considerationi
Executed Consideration
97
Defendant says lowest price £900, plaintiff agrees to buy at £900, no contract lollll
Hyde v Wrench
Fischer v Bell
Payne v Cave
Harvey v Facey
98
Case law for consideration need not be adequate but must be sufficient
Kerpa Singh v Bariam Singh
Venkata Chinnaya v Verikatara Ma'ya
Phang Swee Kim v Beh I Hock
Re Tan Soh Sim
99
Case Law regarding Auction
Harrison v Nickerson
Fischer v Bell
Payne v Cave
Harvey v Facey
100
Which of the following does not classify as fraud
Suggesting a fact that oneself believes to be untrue
An act declared fraudulent by law
Force a contract through act forbidden by penal code
Concealment of a known fact
101
Rules concerning detailed and technical matters falling under a Parent Act are known as
Subsidiary Legislations
Enactments
Subsidiary Ordinances
Subordinate Guidelines
102
signifies willingness to an act or abstinence, with a view to obtain the assent of that other
Offer
Capacity
Consideration
Injunction
103
Charged for selling poison, but the display of poison even with prices was just an ITT
Carlill v Carbolic Smoke Ball
Payne v Cave
Harvey v Facey
Pharmaceutical v Boots
104
Acceptance in a case of silence is not usual and reasonable manner
Hyde v Wrench
Payne v Cave
Felthouse v Bindley
Ignatius v Bell
105
Which of the following represents a bilateral contract
Promise + Act
Promise + Promise
106
Which of the following is NOT a unwritten law
Adat Pepatih
Subsidiary Legislation
English Common Law and Rules of Equity
Islamic Law
107
Appeal case against awarding liquidated damages due to breach of contract
Tan Hock Chan v Kho Teck Sang
Ninabey v Nia Chao Hai
Wearne Brothers v Jackson
Taylor v Caldwell
108
An agreement not enforceable by law is a
Wayang contract
Useless contract
Void contract
Voidable contract
109
Conditions that cause a contract to be voided are detailed under
Section 22 of the Contracts Act
Section 24 of the Contracts Act
Section 26 of the Contracts Act
Section 20 of the Contracts Act
110
What is the maximum Value of Subject Matter that can be tried in the High Court
RM 100,000
RM 1,000,000
RM 5000
Unlimited
111
The definition of an offer is laid out in which section of the Contracts Act
Section 2(a)
Section 4(b)
Section 4(a)
Section 2(b)
112
A sister agreed to pay her brothers for a consideration that was given by their mother.
Venkata Chinnaya v Verikatara Ma'ya
Kerpa Singh v Bariam Singh
Phang Swee Kim v Beh I Hock
Re Tan Soh Sim
113
An Enactment is
State-level
Federal-level
114
Which of the following does not classify as a superior court
High Courts
Session Courts
Industrial Courts
Court of Appeal
115
Which of the below do not classify under Lower Courts
Magistrate Courts
Sessions Courts
Court of Appeal
116
Specific Performance is a form of
Rescission
Offer
Remedy
Novation
117
There are 3 exceptions that allow a minor to be entered into a contract. Which is NOT one?
Natural Love and Affection
Insurance
Necessities
Scholarship
118
A clause predefining damages to be paid in event of a breach of contract is referred to as
Consequential damages
Liquidated damages
Damages Arising Naturally
Mitigation Damages
119
The executive authority includes
The Assembly of Judges
The YDPA
Majlis Raja-Raja
Government Ministries and the Cabinet
120
Illegal Contracts are
Totally legal
Voidable
Void
121
Mohd Affandi bin Abdul Rahman & Anor v Public Prosecutor [1998] is a case under
The Law of Physics
Private Law
Constitutional Law
Criminal Law
122
What is the biggest claim you can make in a small claims court?
RM 5000
RM 8000
RM 10,000
RM 1000
123
"Every contract is an agreement but every agreement may not be a contract" is mentioned in
Section 10 of the Contracts Act, 1950
Section 11 of the Contracts Act, 1950
Section 8 of the Contracts Act, 1950
Section 9 of the Contracts Act, 1950
124
An offer can be terminated by the following, except
Revocation by death of offeror
Revocation be notice of offeror
Revocation by lapse of time
Revocation by amendment
125
Private Laws are also known as
Peer-to-peer Laws
Civil Laws
Unpublic Laws
Industrial Laws
126
What law involves the Individual and the State?
Domestic Public Law
International Private Law
Domestic Private Law
International Public Law
127
A person who received any advantage under a void contract must restore the advantages or
file for an appeal
pretend like nothing happened
pay adequate compensation
execute novation
128
What is the maximum value of subject matter that can be tried in Sessions Courts
RM 50,000
RM 5000
RM 100,000
RM 1,000,000
129
Person making a representation believes it to be false
Misrepresentation
Fraud

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