Answer ALL questions.
1. It is said that the doctrine of judicial precedent is an important part of the law in
Malaysia.
(a) Outline the current hierarchy of the Courts in Malaysia, with a brief description oftheir jurisdiction. (15 marks)
(b) Describe how this doctrine of judicial precedent operates, referring to case lawsand examples. (15 marks)
2. Chan is a crane operator. One day, while operating the crane to put up a big signboard
along a busy road, the ropes holding the signboard gave way. The signboard hit into a
car that was being driven by Alias. Alias was badly injured. Alias did not follow the
instructions of Chan’s assistant to stop about 50 feet away while Chan was pulling-up
the signboard. Instead, Alias inched his way towards the crane as he was in a hurry to
reach his office to meet his boss for a meeting.
(a) Consider whether Chan can be made liable in the tort of negligence for theinjuries suffered by Alias. (20 marks)
(b) Consider also whether Chan has any defenses. Make references in your answerto relevant case laws. (10 marks)
3. Khalid was interested in buying Siti’s painting which she had named “Hawa”. Khalid met
Siti and told her that he will pay her RM5,000 for “Hawa”. Siti said she will think about it.
Two weeks later Siti told Khalid that she will sell him the painting for RM7,000. Khalid
said that the price was too high and he did not want the painting.
One week later, Khalid received bonus from his employer. He immediately contacted
Siti and told her that he will pay the RM7,000 for “Hawa”.
Siti refused to give Khalid the painting, saying the price had now gone up to RM10,000.
Is Siti bound by any contract to sell the painting to Khalid for RM7,000?
Make references to relevant case laws and legislation. (40 marks)
