EQUITY SEM I 0809

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EQUITY SEM I 0809

  1. 1. END-OF-SEMESTER EXAMINATION SEMESTER I, 2008/2009 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Third Study Reading Time : 9.00 a.m. – 9.15 a.m. Date : 11.11.2008 Duration : (15 minutes) Answering Time : 9.15 a.m. – 12.15 p.m. Section(s) : All Sections Duration (3 hours) Course Title : Equity & Trusts I Course Code : LAW 3710 This Question Paper Consists of 6 Printed Pages With 6 Questions. INSTRUCTIONS TO CANDIDATES DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO. Answer FOUR (4) questions only. REFERENCE ALLOWED Specific Relief Act 1950 / Selected Malaysian Statute on Equity & Trust Any form of cheating or attempt to cheat is a serious Offence which may lead to dismissal Statutes should be free from any form of annotation. APPROVED BY
  2. 2. 2 QUESTION 1 Putra Shazem, a talented young boy, won the talent contest of Tom Bak Bak 2005 organized by 9TV station. He was offered to become a recording artist and after the first album was launched he was fully involved in the business of singing, performing and recording. On 19th October 2005, Putra Shazem entered and signed a management agreement with an entertainment company “Smarties Production (SP) whereby the director of this company by the name of Adrian Issac was appointed as his exclusive personal manager. Basically, by this management agreement, Adrian will be responsible to procure business, to advise and direct Putra Shazem’s career and also manage his personal affairs. As at the time when the Shazem signed the agreement he was of young age, his father, Putra Faisal also signed the management agreement as his legal guardian. In the management agreement it is stipulated that Putra Shazem appoints Adrian as her exclusive personal manager and will engage no other personal manager during the duration of the agreement. It was further agreed that Putra Shazem will refer all offer of employment to his personal manager and that he will not accept offers without the consent of Adrian. Subsequently, the relationship between the plaintiff and the first defendant turned sour. Putra Shazem wishes to repudiate the contract on the ground that there is an element of undue influence. He has also appointed his father as his new manager. Adrian wishes to stop such repudiation and also the appointment of Putra Faisal as the new manager. Advise all parties. (15 marks)
  3. 3. 3 QUESTION 2 Johan is a tenant, occupying a house no 222 Taman Kencana, Permatang Jauh. Jihan, his neighbour, who is also a tenant at the same residential area, is occupying a house no 232 which is located at the same road as Johan’s. Both of these houses are owned by a company JAY JAM SDN BHD. Early 2008, the owner of these houses offers both houses to both occupier for sale and both, Johan and Jihan grabbed the opportunity. As result, the agreement together with all the appropriate documents were sent to Ipoh land Office. Both properties were sold at RM250. 000.00. In May 2008, Johan was asked to collect his title from the land office. Johan, with full of excitement and joy, without checking the title properly, kept the title at his bank, BBI bank. Jihan, on the other hand received his title a month later. To his surprise, his name was registered as the owner for house no 222 of Taman Kencana. By that time, he assumed that Johan, who has received the title earlier than him, did not bother about the exchange of the title. Early this month, Johan who wished to apply for bank loan and wanted to use the shop lot as a security was shock to know that his house number is 232 instead of 222. Johan does not know what to do. One thing for sure he knows that he is not willing to depart with the present property and at the same time feels bad about the mistake. Advise Johan. (15 marks)
  4. 4. 4 QUESTION 3 Rashid a supplier of certain raw materials in Kuala Lumpur such as flour, sugar, eggs, butter, jelly, ground nuts, oats, grains and etc. He was approached by Jamilah, a cookies manufacturer for the supply of flour, sugar, and butter for making cookies for the coming Raya festival in October 2008. In their conversation, it was agreed by both parties that Rashid would supply Jamilah with 500 kg of plain flour, 300 kg of sugar and 500 trays of fresh eggs for making Raya cookies. It was agreed that Jamilah will place a 10% deposit and settle the balance upon receiving the whole supply. In the agreement it was stated that the supply must reach the factory at the end of August 2008 and any unreasonable delay would render the contract null and void. In addition, it was also agreed that if Rashid is not able perform his part of the contract Jamilah would agree to receive reasonable compensation and will not proceed with specific performance of the contract. At the end of August, Rashid had failed to meet the demand due to shortage of plain flour, eggs and sugar in the market. He gave a call to Jamilah informing her about the situation but Jamilah insisted that Rashid should supply her with the required items as her existing customers already asking for the raya cookies. Rashid refused as he was not capable to do so. Jamilah decided to sue Rashid for breach of contract as well as for performance of the contract. Advise all parties. (15 marks)
  5. 5. 5 QUESTION 4 The practice of equity in English Law is more or less similar to the practice of equity in Islamic Law. Do you agree with the above statement? Give justification for your answer. Be sure to support your answer with the help of relevant principles and decided cases. (15 marks) QUESTION 5 Maxims of equity is the set of principles that used by the court as a guidelines in making their equitable jurisdiction. In light of this statement explain the following maxims: (a) “He who comes to equity must come with clean hands”. (3 marks) (b) “Equity treats as done that ought to be done” (3 marks) (c) “Equity will not allow a statute to be made an instrument of fraud”. (3 marks) (d) “Equity is a glossary to common law” (3 marks) (e) “Equity will not assist a volunteer” (3 marks)
  6. 6. 6 QUESTION 6 According to Lord Wilberforce in Hoffman – La Roche (F) & Co v Sec of State for Trade and Industry [1975] AC 295 at 355, the objective of interlocutory injunction is “to prevent a litigant, who must necessarily suffer the law’s delay, from losing by that delay the fruit of his litigation.” With the help of decided cases explain the principles that govern the grant of an interlocutory injunction. (15 marks)

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