Preview

Business Law Question

Good Essays
Open Document
Open Document
1120 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Business Law Question
UNIVERSITI TUNKU ABDUL RAHMAN ACADEMIC YEAR 2005/2006 DECEMBER EXAMINATION UBML1053 BUSINESS LAW THURSDAY, 15 DECEMBER 2005 TIME: 2.00PM – 4.00PM (2 HOURS)

BACHELOR OF COMMERCE (HONS) ACCOUNTING YEAR ONE Instructions to Candidates: Section A : [Total: 40 marks] 1. This section consist of ONE (1) compulsory question 2. Answer ALL the sub-questions. Section B : [Total: 60 marks] 3. This section consists of THREE (3) questions. 4. Answer only TWO (2) questions. 5. No marks will be given for any extra questions or sub-questions (i.e. parts a, b or c in a question) attempted. 6. Where the candidate answers more than the required number of questions, answers to the last question or questions, in numerical order of the questions, shall be ignored. 7. Candidates are reminded to, where possible, support their answers with the relevant statutory provisions and decided case-laws. Note: Candidates are warned that they may only bring into the examination hall an unmarked copy of the Contracts Act 1950 and the Sale of Goods Act 1957. Copies that are found to have unauthorized underlining, highlighting or notes/papers inserted will be confiscated.

This question paper consists of 4 questions on 4 printed pages.

2 UBML1053 BUSINESS LAW Section A Answer ALL questions (compulsory). Q1. (a) “Silence itself can never amount to fraud in contract law.” Elaborate on this statement. (10 marks) [Total 40 marks]

(b)

Mamat Sdn Bhd entered into a written contract with Tong, a building contractor to lay new tiles on the floor of its factory. Both Mamat Sdn Bhd and Tong signed the written contract. This contract provided that: Clause 4 – Materials Used It is a condition of this contract that the tiles used to lay the floor of the factory must be manufactured by Preston Bhd. Clause 8- Limitation of Liability The contractor shall not be under any liability in respect of any loss or damage which may arise from breach of warranties whether express or implied relating to this

You May Also Find These Documents Helpful

  • Powerful Essays

    Business Law Ch11-15

    • 1737 Words
    • 7 Pages

    Dorris Reed, the plaintiff, purchased a home from Robert King. Robert King and his real estate agent did not tell Dorris Reed that a woman and her four children were murdered 10 years ago, because the murder would affect the value of the home. Dorris Reed, however, did find out about the murder from a neighbor and sued Robert King and his real estate agent for rescission and damages. Dorris Reed paid $76,000 for the home but the value of the house, once the murder was taken into consideration, was only worth $65,000. Due to Dorris Reed failing to state a cause of action, the trial court sided with Robert King and his real estate agent. Dorris Reed appealed. Fraud is being looked at in the case of Reed vs. King. There are five elements to proving fraud, 1) material misrepresentation, 2) facts/knowledge, 3) intent, 4) reliance, and 5) damage (quoted from text book). Robert King and his real estate agent hid the first and second element of fraud. They knew about the murders and did not present Dorris Reed with this information, which would have affected Dorris Reed decision to buy the house. However, when dealing with the selling of real property, the question of materially is the main issue. Materiality is based on three conditions, 1) the gravity of the harm inflicted by nondisclosure, 2) the fairness of imposing a duty of discovery on the buyer as an alternative to compelling disclosure, and 3) the impact on the stability of contracts if rescission is permitted (citation from text book). Even though murder is horrible and it would affect a person’s judgment on buying that particulate house, there is no evidence to support Dorris Reed claim that the murder would in fact affect the market value of the house. The judgment was later reversed because Dorris Reed was able to present enough evidence to show that history can affect the value of property.…

    • 1737 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Business law Ch 4

    • 350 Words
    • 2 Pages

    17-3. Daniel is not liable for the debt Rubya defaulted on. The contract did not make Rubya a partner, even those she was given profit sharing and management responsibilities, she did not poses any ownership of the business. Also under UPA 202(c)(3) no presumption of partnership is made since the profits are wages of an employee or for the services of an independent contractor. Not to mention Daniel did not have any knowledge of the credit extended to Rubya.…

    • 350 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Business law

    • 317 Words
    • 2 Pages

    Scott entered into a unilateral contract with Hume. Scott used the large signboard to offer $1000 to the ballplayer who hit a homerun over the sign. This is a promise for an act. Hume completed the performance of the act by hitting the homerun over the sign and therefore the unilateral contract between them was formed.…

    • 317 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Business Law

    • 802 Words
    • 4 Pages

    The case I have chosen is Meras Engineering, INC., et al. (Plaintiffs) V. CH20, INC., et al., (Defendants). Meras Engineering is a provider of water treatment solutions. They develop products that treat industrial and agricultural water applications. CH20 is a similar company that provides clients with chemicals that control the biological fouling in cooling towers. Rich Beriner and Jay Sughroue were employed by CH20 and signed a non-compete agreement during their employment. They both left CH20 and went to work for Meras. According to their non-compete agreement from MERAS v. CH2O, INC Northern District of California (2013) “after they ceased working for CH20 they would not work for “any business of similar nature to that of [CH20] which is in competition with [CH20]” for the period of three years”…

    • 802 Words
    • 4 Pages
    Good Essays
  • Better Essays

    1. Consideration consists of mutual exchange of gains and losses between contracting parties. In the exchange, a gain by the offer is at the same time a loss to the offeror. The legal term used to designate the gain that each party experiences is that party 's legal benefit. Consideration has three characteristics 1) The agreement must involve a bargained-for exchange; 2)the contract must involve adequate consideration; and 3) the benefits and detriments promised must themselves be legal.…

    • 1019 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Business Law Case Study

    • 1437 Words
    • 5 Pages

    Those familiar with skiing know that there are risks involved when one chooses to participate in the sport. Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations. The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were not self-inflicted; far from it. They were the result of negligence on the part of BIS who failed to mark boundaries that separates the slopes and caused Craig to crossover onto another slope, walking directly into Alex’s path and colliding into him, causing severe bodily harm.…

    • 1437 Words
    • 5 Pages
    Satisfactory Essays
  • Powerful Essays

    Business Law Ch 5 Hw

    • 1781 Words
    • 8 Pages

    1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.…

    • 1781 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Business Law Quiz

    • 26730 Words
    • 107 Pages

    | Many areas of law important to businesses are governed by the Uniform Commercial Code.…

    • 26730 Words
    • 107 Pages
    Satisfactory Essays
  • Good Essays

    Business Law Chapter 5

    • 933 Words
    • 4 Pages

    • ensured any judicial decision with respect to such property rights will be honored and enforced in all states…

    • 933 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Business Law 2

    • 803 Words
    • 3 Pages

    I am aware that you are wanting to go into business because of your love of natural ice cream. I would like to discuss with you the various types of business entities that exist and the pros and cons of each. Specifically, I will discuss: Limited Liability Company and C Corporations.…

    • 803 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Business Law

    • 359 Words
    • 2 Pages

    2) Is Bright entitled to specific performance because of the unique nature of the goods?…

    • 359 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Business Law

    • 1897 Words
    • 8 Pages

    John Thomas is the sole owner of the masonry company named Concrete 123, and is the only employee. Concrete 123’s area of business is based in Sacramento California, in Sacramento County. Thomas has the appropriate licenses and experience to conduct the work and has been self employed as a concrete installer for approximately seven (7)…

    • 1897 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Business Law I Case Study

    • 502 Words
    • 3 Pages

    Nasc Services, Inc v. Jervis 2008 U.S. Dist. LEXIS 40502 (U.S. Dist. Ct. D. N.J. 2008)…

    • 502 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Business Law

    • 750 Words
    • 3 Pages

    40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.…

    • 750 Words
    • 3 Pages
    Good Essays

Related Topics