CONFIDENTIAL LW/SEP2010/MTC087

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE : INTRODUCTION TO LAW III

COURSE CODE : MTC087
EXAMINATION : SEPTEMBER 2010
TIME : 2 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of three (3) parts : PART A (6 Questions)

PART B (2 Questions)
PART C (1 Question)

2. Answer ALL questions in the Answer Booklet. Start each answer on a new page.

3. Do not bring any materials into the examination room unless permission is given by the
invigilator.

4. Please check to make sure that this examination pack consists of:
(i) the Question Paper
(ii) an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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CONFIDENTIAL 2 LW/SEP 2010/MTC087

PART A

QUESTION 1

State and briefly explain two (2) types of tortious wrongs.

(5 marks)

QUESTION 2

The 'Neighbour Principle' was formulated by Lord Atkin in the case of Donoghue v
Stevenson [1932] A.C. 562. Consider who is a neighbour under the tort of negligence.

(5 marks)

QUESTION 3

Briefly explain the concept of vicarious liability under the law of tort.
(5 marks)

QUESTION 4

Explain what is an offer and distinguish it with an invitation to treat.

(5 marks)

QUESTION 5

With a aid of an example, briefly explain "past consideration" under the law of contract.

(5 marks)

QUESTION 6

State four (4) circumstances under which where a contract can be frustrated.
(5 marks)

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CONFIDENTIAL 3 LW/SEP 2010/MTC087

PARTB

QUESTION 1

a) Define false imprisonment and discuss the elements that constitute it.
(10 marks)

b) Romeo, who is married to Murni, visited his aunt in hospital accompanied by his
girlfriend, Kiah Gedik. At the hospital, both Romeo and his girlfriend were confronted
by Murni. An altercation took place between Murni and Kiah Gedik which let to Kiah
Gedik pulling Murni's hair and punching her face. Romeo, was angry at Murni for
scolding his girlfriend, also hit Murni in her face with his shoes. A security guard finally
showed up to break the fight. As a result of the fight Murni sustained some facial
wounds.

Advise Murni whether she can take any legal action against Romeo and Kiah Gedik.

(10 marks)

QUESTION 2

a) Section 26 of the Contracts Act 1950 generally states that an agreement made
without consideration is void. However, there do exist circumstances whereby
agreements are not void eventhough they are made without consideration.

Discuss these circumstances.

(10 marks)

b) Amin was jogging in Taman Putra one day when he heard someone crying for help.
Whilst responding to the cry for help, he saw a young man trying to snatch an old
lady's handbag. Amin, who had recently been awarded a black belt in judo, managed
to chase away the man without too much of an effort. Grateful to Amin, the old lady
promised to pay him RM500.00 for his assistance.

Consider if Amin is legally entitled to the sum promised by the old lady?
(10 marks)

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CONFIDENTIAL 4 LW/SEP 2010/MTC087

PARTC

QUESTION 1

Mat Mental was involved in an accident two months ago and sustained serious head
injuries. Thereafter he began to behave strangely. He often talked to himself and when
queried says he is talking to God and that in one such conversation God had instructed him
to get rid of all evil women. One morning he was to have received a message from God that
his wife, Milah, was unfaithful and therefore evil and needed to be got rid of. Following this
'message' Mat Mental proceeded to get hold of a knife and with it, stabbed his wife brutally
several times until she died. Mat Mental was arrested and charged for murder.

Answer the following questions.

a) What are the elements that must be proven by the prosecution in order to secure a
conviction against Mat Mental for the offence charged?
(10 marks)

b) Advise Mat Mental on the most suitable defence he can raise and the nature of such
a defence.
(10 marks)

c) Who has the burden of proving this case and what is the standard of proof needed?

(10 marks)

END OF QUESTION PAPER

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