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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 of their jurisdiction.
(b) Describe how this doctrine of judicial precedent operates, referring to case laws and examples
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 the injuries suffered by Alias.
(25 marks )
(b) Consider also whether Chan has any defenses. Make references in your answer to relevant case laws.
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 M10,000.
Is Siti bound by any contract to sell the painting to Khalid for RM7,000? Make references to relevant case laws and legislation. (50 marks)