TUTORIAL QUESTIONS
1. Ali wrote to Bidin on 1 June 2002 offering to sell to Bidin his antique 15th century China
vase for RM250,000. He further stated in the letter that if Bidin did not reply the letter by 10
June 2002, he (Ali) would consider that Bidin had accepted the offer. Bidin did not reply the
letter. Ali wishes to sue Bidin for breach of contract.
Advise Ali on his chances of success. (3 marks)
2. In 1995 Termizi lent RM10,000 to Jumboo who promised to repay the money within one
month. However, he failed to pay. Termizi went off to London to pursue his studies and
returned only last month. He demanded repayment of the debt from Jumboo but Jumboo
refuses to pay.
(i) Advise Termizi whether he could successfully sue Jumboo to recover the debt.
(ii) State whether your answer would differ if Termizi had written to Jumboo demanding
repayment and Jumboo had given a written reply promising to repay but had failed to do so.
(5 marks)
3. On their tenth wedding anniversary, Danny promised his loving wife, Linda, that he would
buy her a diamond necklace. However, he never kept his promise.
They have since separated, and Linda now wishes to sue Danny for breach of contract.
Advise Linda. (3 marks)
4. Last year, Lemmy borrowed a sum of RM10,000 from his friend, Ken. As Lemmy could
not repay the loan despite repeated reminders from Ken, Lemmy’s mother, Emma,
contacted Ken and offered to pay him RM5,000 in full settlement of Lemmy’s debt. Ken
accepted Emma’s offer. Ken now wishes to sue Lemmy to recover the balance amount of
RM5,000.
Advise Ken whether he is likely to be successful if he makes such a claim. (5 marks)
5. Maniam, who had been seriously ill for some time, promised his wife, Jamuna, that he
would give her a diamond necklace for her next birthday if she was willing to give up her part
time job and look after him until he recovered. Jamuna then resigned from her job and
stayed home for six months nursing him back to good health.
Jamuna celebrated her birthday last week but did not receive the promised necklace. When
Jamuna reminded Maniam of his promise, he laughed and said that he was only joking and
did not think that she would take his promise seriously. Jamuna wishes to know whether she
could successfully sue her husband, Maniam, for breach of contract.
Advise Jamuna. (5 marks)
6. Discuss the validity of the following contracts entered into Kunju, aged 12.
(i) A contract with Megamusic Bhd for the purchase of a piano at a price of RM10,000. The
piano has not yet been delivered.
(ii) A contract with Basikal Sdn Bhd for the purchase of a bicycle at a price of RM500 for
purposes of cycling to school which was quite far from his home. The bicycle has been
delivered but Basikal Sdn Bhd has not been paid.
(iii) A contract for an interest-free loan of RM50,000 from Selangor State Government for the
purpose of furthering education overseas. (15 marks)
7. Five years ago, Jamie, an orphan then aged 16, wanted to pursue a degree course in
music. Her uncle, Charles, who had looked after her since her parents passed away when
she was 14, offered to pay for her studies on condition that upon her graduation she would
work in his music studio for a minimum period of two years or alternatively, reimburse him a
fixed sum of RM 100,000. She agreed and a formal contract was signed between them.
She has now completed her studies and has been offered a lucrative job with an
international college of music. She does not wish to work for her uncle nor reimburse him the
sum of RM100,000 and seeks your legal advice as to the validity of the contract.
Advise Jamie. (5 marks)
8. Grampa, who is 90 years old has two sons, Sonny aged 53 and Tony aged 55. Grampa
has always mentioned that when he dies, all his property is to be shared equally between
Sonny and Tony.
In the last 5 years, Grampa has been staying with Sonny who has taken good care of him.
Although Tony visits quite often, Sonny has become Grampa's favourite son and Grampa
tends to heed the advice of Sonny. Last week, Grampa transferred a major portion of his
property to Sonny, 'in appreciation of Sonny's love and kindness'. Two days ago, Grampa
went into a coma and has been hospitalised. Doctors say that he is unlikely to recover.
Tony who has just heard about the transfer of property in favour of Sonny seeks your advice
as to whether the validity of the transfer can be challenged on the ground that it was
procured by undue influence.
Advise Tony. (8 marks)
