FACULTY OF SCIENCE AND TECHNOLOGY

EBTL 4103
LAW AND TECHNOLOGY MANAGEMENT

ASSIGNMENT

SEPTEMBER 2008 SEMESTER

GUIDE AND INSTRUCTIONS

1. This assignment consists of EIGHT (8) questions. Read and answers ALL the
questions.

2. This assignment contributes 45% of the total marks for the course.

3. Plagiarism, copying and cheating will not be tolerated, no marks will be awarded and
instead disciplinary actions could be taken.

4. Answer in English only.

5. The assignment must be relevant to the question.

6. The cover of the assignment should include detail as attachment.

7. Please bind the assignment well.

8. Answers to the assignment should be handed to the tutors together with Tutor Marked
Assignment Form (TMA) during Tutorial 4.
 Lampiran Attachment

FACULTY OF SCIENCE AND TECHNOLOGY

TAJUK TITLE
KURSUS COURSE

Nama Name
No. Matrik Matric No
No. I/C NRIC No.
No. Telefon Telephone No.
Email Address

Tutor Tutor
Pusat Pembelajaran Learning Center

Semester Semester
Tahun Year

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Assignment Questions

QUESTION 1

1.1 Lingam is being sued for breach of contract while Samang is facing prosecution for
armed robbery. Discuss the differences between the two cases.
(10 marks)

1.2 Anne Tan and Rachel Wong are two neighbours, who have been fighting for the last
two years over who should be responsible for the retaining wall between their houses
which is collapsing. Suggest the various methods by which they can settle their
differences.
(10 marks)

QUESTION 2

2.1 What are the main features of the Federal constitution of Malaysia?
(6 marks)
2.2 Discuss the main sources of unwritten law in Malaysia.
(6 marks)
2.3 Outline the jurisdiction of the higher courts of Malaysia.
(8 marks)

QUESTION 3

3.1 Explain how an agreement is formed.

(8 marks)
(i) Which of the following is an example of an exclusion clause?
a) The Delish restaurant has a notice at its door which reads” Customers that may
not bring their pets into the restaurant”.
b) Sunder Drycleaners state clearly on their wall that payment by cheques or
credit cards will not be accepted.
c) The owners accept no responsibility for any damage to property as a result of
any repairs undertaken.

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 d) The owners wish to advise against smoking within the premises.

(ii) Jojo, who is 21 years old, was high on ecstasy pills when he agreed to sell his car
to Ah Seng. He can rescind the contract because:
a) He was of unsound mind
b) He is a minor
c) Terms of the contract are uncertain
d) There is no consideration

(iii)Karina agreed to sell her car to Ritik after Ritik threatened to injure her. Karina
may rescind the contract later if she wishes to do so. This contract is voidable on
the ground of:
a) Mistake
b) Fraud
c) Undue influence
d) Coercion
(6 marks)

3.2 Elaborate on the different ways by which terms of a contract can be classified.
(6 marks)

QUESTION 4

4.1. State which torts have been committed based on the given facts:
a) Dev a footballer raised his fist in anger against the Referee in a football match.

b) Abun locked his wife in the room against her wishes because he suspects she
is having an affair with the neighbour.

c) Madam Kala is very unhappy with students who continue to take a shortcut
through her land to get to their school.

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 d) Lim is angry with his neighbour because the roots of his neighbour’s large
trees have blocked his underground pipes.

e) Agun a mechanic who was supposed to repair Mike’s car sold it to Jim.

f) Sheila falsely accused her boss, Mr.Bobo of being a wife beater in front of all
their colleagues at work.
(6 marks)

4.2 Explain how the breach of the duty of care to establish negligence, differs for the
following persons:
a) John, a lawyer. (3 marks)
b) Aida, who is ten years old. (3 marks)

4.3 Discuss any TWO (2) defences available to a party sued in negligence.
(8 marks)

QUESTION 5

5.1 Explain how a person can become an agent even without being appointed as one.
(10 marks)

5.2 Compare and contrast a partnership with a company from the following perspectives:

a) Members
b) Formation
c) Dissolution
d) liability of members
(10 marks)

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QUESTION 6

6.1 Ahmad works for Union Trucks while Raman works for himself.
Discuss any FOUR (4) differences between them.
(10 marks)

6.2 A, B and C are chemical workers in Syarikat Chem-Co. They are unhappy with the
terms and conditions of work at their workplace and so want to form a trade union to
help them negotiate for better terms and conditions with the company. Advise them
on the steps involved.
(10 marks)

QUESTION 7

7.1 Explain how copyright law can be applied here:

a) Anne has managed to use her friend’s Ebay account by faking her identity and
signature.
(5 marks)

b) Zamri, an employee of Global Systems Sdn Bhd has sold the names and
address list of all the employees in the company to a telemarketing company.
(5 marks)

c) Aini caught Aida reading her personal email. However, Aida claims she has
not broken the law. As the Human Resource Manager, Aida says that she has a
right to read Aini’s email as the company suspects Aini of leaking confidential
information to a rival company.
(10 marks)

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QUESTION 8

You are the owner of a newly invented disposable bottle, which has a unique design, is
biodegradable and so is eco-friendly. Discuss any TWO (2) types of intellectual property
rights involved.
(20 marks)
QUESTION 9
Discuss the importance of protecting intellectual property under the law.
(20marks)