Employment Act
Table of content Content | Page | 1. Question 2………………………………………………………………. 2. Question 3 ……………………………………………………………… 3. Question 5 ……………………………………………………………… 4. Question 6 ……………………………………………………………… | 24912 |
Question 1
In Malaysia the governing law that addresses partnership matters is provided in the Partnership Act 1961. a) The general rule for the extent of a partner’s liability is that every partner in a firm is liable jointly with the other partners for all debts and obligations of the firm incurred while he is a partner. Discuss.
b) What are the ways in which a partnership may be dissolved?
Question 2
Fact of case: a. Mr. Pity bought a BMW (reg. no. KK 8888) from Mr. Kaya at purchase price of RM 32,000.00. b. Deposit RM 9,900.00 was paid and a loan of RM 22,100.00 has been granted by Mr. Kaya with repayment period 35 month’s installment. c. Mr. Pity want to do full settlement as he have a purchaser for the car but was told that the transfer of the car could not be done due to the registration number (KK 8888) is belong to a motorcycle (FR80). d. Mr. Pity had returned the car to Mr. Kaya and requested to refund the deposit of RM 9,900.00 and RM 17,192.00 for the amount of 28 month repayment from Mr. Kaya. e. Mr. Pity also claimed damages arising out of the expenses of hiring a car for his use and damages for anxiety caused as being blacklisted by financial institution.
In this case, Mr. Kaya had no good title to the BMW car No. KK 8888 when the hire purchase agreement was entered into on 19 March 1991 because it is not suits with Section 27 of the Sale of Goods Act 1957.
In Section 27 of Sale of Goods Act implies that if goods are bought from a person who is not the owner, and who does not sell them under his authority, the buyer does not acquire any title. This 'Nemo dat qoud non habet' (which means, no one can give a better title than he has himself) rule serves to protect the right of the owner.
As in the case of Ng Ngat Siang vs.
Question 1
In Malaysia the governing law that addresses partnership matters is provided in the Partnership Act 1961. a) The general rule for the extent of a partner’s liability is that every partner in a firm is liable jointly with the other partners for all debts and obligations of the firm incurred while he is a partner. Discuss.
b) What are the ways in which a partnership may be dissolved?
Question 2
Fact of case: a. Mr. Pity bought a BMW (reg. no. KK 8888) from Mr. Kaya at purchase price of RM 32,000.00. b. Deposit RM 9,900.00 was paid and a loan of RM 22,100.00 has been granted by Mr. Kaya with repayment period 35 month’s installment. c. Mr. Pity want to do full settlement as he have a purchaser for the car but was told that the transfer of the car could not be done due to the registration number (KK 8888) is belong to a motorcycle (FR80). d. Mr. Pity had returned the car to Mr. Kaya and requested to refund the deposit of RM 9,900.00 and RM 17,192.00 for the amount of 28 month repayment from Mr. Kaya. e. Mr. Pity also claimed damages arising out of the expenses of hiring a car for his use and damages for anxiety caused as being blacklisted by financial institution.
In this case, Mr. Kaya had no good title to the BMW car No. KK 8888 when the hire purchase agreement was entered into on 19 March 1991 because it is not suits with Section 27 of the Sale of Goods Act 1957.
In Section 27 of Sale of Goods Act implies that if goods are bought from a person who is not the owner, and who does not sell them under his authority, the buyer does not acquire any title. This 'Nemo dat qoud non habet' (which means, no one can give a better title than he has himself) rule serves to protect the right of the owner.
As in the case of Ng Ngat Siang vs.