HOW TO STUDY LAW

Makes sure buy and use latest text books . Looks at the name of author and edition. For examples Lee Mei Pheng, General Principle of Malaysian Law, Fifth Edition Fajar Bakti. It is advisable to buy the statutes. It means the law that enacted by a body such as parliament. For examples Contracts Act 1950. o Remember! When quoting a section from a statute, please summarize it and memorize the important section! Case The authority to support your legal argument. Take note the name, facts and principles of the cases! Dont create your own case! o Carlill v Carbolic Smoke Ball [1983] 1 QB 256 . (name of case) [year] [volume][name of journal/law report][page number] o Plaintiff Carlill (person who commence the case in the court) Defendant Carbolic Smoke Ball (person who defend the case). If the case is on appeal then Appellant (person who make the appeal) and Respondent (person who defend their case) o Fact (the situation of case), held (the courts decision)

ANSWERING TECHNIQUES
You need to understand that law paper has two types of questions including direct fact and problematic questions. o Direct-Fact: it involves understanding the concepts of laws and memorizing several authority including cases and sections to support your answer. Examples: Describe the formalities required for the formation of hire-purchase agreement. o Problematic question: the application of law is very important here. Students will be given the current life situation and applied it through the process of learning the law. Examples: (refer and modified from Nuraisyah Chua: Business Law in Malaysia, refer to scheme of work)

Din a high school senior is 17years old. He operates a business that runs bus trips for high school students. He enters into a contract with YM Travel Agency to charter a bus for a class trip to Malacca. He later did not pay the service. Discuss.

In any law paper, you must include section and case to support your answer. If not, it is possible that you will get least marks or even 0 for not answering the law question properly.

Moreover, the most important parts in any law papers is the application especially when you deal with problematic questions

This is the formula to answer the problematic legal question:

o Issue: Student needs to identify the main issue of the problem-based question. Based on the examples given, the issue is whether the Din has the capacity to enter into a contract as he was minor. In any long essays, the issue can be more than one. o Principles / Laws: Each legal issue identified should be supported by the legal authority such as cases or sections that suitable to the answers. The law involve on the example given deal with Section 11 of Contracts Act and the case of Tan Hee Juan v.Teh Book Kiat. o Application: After providing the laws, then the students need to apply to current situation and decided whether it can be applied or contradicted with the situation given. o Conclusion: Students need to conclude their answer based on the law and principles provided.

Module answer (problematic question)

The issue in this situation is whether Din as a minor has the capacity to enter into the contract. In order to enter into a valid contract, the parties to the contract should be

competent to enter into a contract and of sound mind under Section 11 Contracts Act 1950. Moreover, the Age of Majority Act 1971 provided that a person who is above 18 years old considered as major age. Therefore it is clear that Din is not attain the age of majority and could not enter into a valid contract.

This is illustrated in the case of Tan Hee Juat v. Teh Boon Keat whereby the transfer of land executed by infant was held void by the court. On the other hand, Section 2(g) of Contracts Act 1950 stated that a void contract cannot be enforced by the law. Therefore based on this situation, YM Travel Agency cannot sue Din as the contract was not enforceable by the law.

As conclusion, Jamil is not entitled to be sued by YM Travel Agency because he is minor and the contract is void.

BEST OF LUCK!