Tutorial EUT440 Law


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Tutorial EUT440 Law

  1. 1. TUTORIAL EUT 440: ENGINEERS IN SOCIETY COMPONENT LAW 2013 1) Consideration is an important element to form a legal contract. Sec. 26 of the Contract Act 1951 states that a contract without consideration is void. Evaluate the statement based on Contract Law. 2) Generally, contract with children cannot be enforced by the law. However in some cases they are allowed to enter into a contract. Suggest in what way they can enter into a contract following the Malaysian Law. 3) Mr. XY entered into a contract and bought a high-powered controlled aircraft from Syarikat “Fly Higher”. The manager of Syarikat “Fly Higher” has asked Mr. XY to pay a down payment of 30% of the full purchase price. Mr. XY, however, introduced himself to the manager of the company that he was Mr. XY, a well-known business man whose take-overs and exploits in flying business as were often reported in the local newspapers. The manager of the Syarikat “Fly Higher” took a cheque from Mr. XY and then Mr XY departed with the aircraft. After few days, it was found that the cheque was dishonoured. a) Identify the issues and discuss the legal position for this contract b) Duty of Care is usually the first element that has to be proved before a cause of action is based on negligence can proceed. Give your opinion on when there is a Breach of Duty. 4) Sabrina, a 16 years old girl is working as a clerk in the Northern Tire Co. Ptd. Ltd. She wants to join a Trade Union. Describe the rights of Sabrina in the Trade Union following Industrial Relation Act 1967. 5) Hidayah was a salesgirl at Borong Dinh Supermarket owned by Mrs. Hamiza. The Business operates six (6) days a week with Monday as weekly off day. Recently Hidayah was absent from work on Thursday and Friday consecutively. Give some advice to Mrs. Hamiza on what action can be taken on Hidayah based on Industrial Relation Act 1967. 6) According to Sir John Salmond, the term “law” is defined as “body of principles recognized and applied by the State in the administration of justice”. While John Austin defined “law” as “a command by a superior being to an inferior being and it is followed by a legal sanction if the law is not obeyed. It has a coercive effect”. Based on your understanding, describe and explain what is meant by the term “law”. 7) A contract may be defined as an agreement which is legally binding between the parties. An offer is one of the important elements of contract and necessary for the formation of an agreement. Based on your understanding, differentiate between an offer and an invitation to treat.arkam@unimap.edu.my Page 1
  2. 2. TUTORIAL EUT 440: ENGINEERS IN SOCIETY COMPONENT LAW 8) What is Patent? 9) Describe and compare between Copyright and Registered Trademarks. 10) Although there are parties who have entered into a contract, they still can discharge the obligation to perform the terms of agreement based on specified reasons. Proposed the steps involved in discharging a contract. 11) Laws play an important role in relation to occupational safety, health and environmental management. The law of tort essentially law of negligence serves as a mechanism to protect employees at work. Based on your understanding, identify and elaborate the essential elements of the law of negligence. 12) There is no specific statute that governs the law of negligence in Malaysia. As such, the Civil Law Act, 1956 (Revised 1972) will be referred to and applied accordingly. Discuss and elaborate the application of Section 3 of the Civil Law Act, 1956 (Revised 1972). 13) Mr. X is a Chemical Engineer. He designed a new formula in producing a new chemical known as “JimatChem” which has been proved can save up to 40% of petrol consumption. “JimatChem” was produced using a new machine, new equipments and technologies. Mr. X plans to protect his product based on intellectual property rights before it is commercialized to avoid other companies in the chemical industry to copy his product. This is due to the reason that there is a high demand prediction towards his product as a result of an increase in petrol price recently. a) Elaborate according to your understanding the most practical and best intellectual property protection for “JimatChem”. b) Law is important in all fields of engineering so that the engineers are able to apply or use those related knowledge and concepts for suitable conditions in engineering industry for the benefit of the society. Identify and appraise the 3 importance of law in engineering activities. 14) Explain ‘Written Law’? 15) Distinguish the other sources of law except the Written Law in Malaysia. 16) Explain negligence in Law’s term? PRACTICE “CORRECTLY” MAKES PERFECT!arkam@unimap.edu.my Page 2