DIRECTION & INSTRUCTIONS:
- Students are required to answer all questions below
- The entire answer, excluding preliminary pages (such as the cover page, table of contents, reference pages) should not be more than 10 pages
- The assignment should be written with 1.5 paragraphing spacing, Times New Roman, Font Size 12.
- Research must be done and all the references must be appropriately acknowledged in the text (with the authors name and page number) and on a separate reference page
- Students are expected to use reputable and credible references. Using unverified references such as Blogs, or Wikipedia or Law Teacher or Course Hero will result in a deduction of marks
- The Assignment must be written based on /using Malaysian Law
- Student must submit the Assignment via Safe assign and/or Turnitin available via the Blackboard Platform. The acceptable similarity index would be 24% or below. Having a similarity index above this will result in a deduction of marks
- The marks are based on the following issues including:a) How thorough the discussion;b) The points of arguments made in terms of its relevance, organisation, clarity and logic.
c) Evidence of extensive research
d) How well supported is the conclusion
e) Personal analysis and how well the question is answered.
- Any non-compliance will be resulted in deduction of marks
- The Marking Rubric as well as guidelines is attached together as Appendix A for Student’s references
- Students are encouraged to consult Lecturer if needed.
- Deduction of 20% of Overall Marks will be imposed to Students who had failed to complete at least 9 (Online Blended Learning).
“In order to have a valid contract, all parties to a contract must have capacity to enter into a contract.”- Loganathan Krishnan et.al, ‘Principles of Business and Corporate Law, Malaysia’, (2015) Wolters Kluwer, p 65
With relevant case laws and provisions of the Malaysian Contract Act 150, explain what is capacity and its exception to the general rule.
MARKING RUBRIC- INDIVIDUAL ASSIGNMENT
Students are required to briefly explain the principles of laws and the objective of this assignment whereby extensive research must be conducted
Students must include relevant case laws and relevant section for Definition of Capacity for Introduction
–What is a contract and elements of contract- state briefly offer, acceptance, consideration, intention to create legal relation, certainty and capacity.( 5 × 2 marks each)
For Content Component, Student must be able to
i) Understand and identify the key issues that are being asked in the question;
ii) cite the relevant case laws and provisions of laws; and
iii) conduct analysis of the law to showcase understanding of the principles of law.
Students must include the discussion on who is a competent persons and the effect of a contract which is entered by an incompetent person
Student must critically identify and elaborate who are the incompetent person and what are the various exceptions to the general rule-
Students are expected to give personal view based on the relevant principles of law on the importance of the element of capacity in a contract
Clarity of language, communication and creativity in delivering ideas.
Student are expected to give a comprehensive and detailed explanation of the following items for the assignments:
- Introduction- explanation on what is a contract, briefly explain the elements of contract;
- Content- explain what is capacity, impact and of contract lack of capacity, the exceptions such as Contract of Necessities, Marriage Contract, Scholarship Contract, Apprenticeship Contract and etc (together with relevant cases and provisions of law) Students are required to conduct research in depth for this matter.
- Conclusion- Students’ opinion on the elements of capacity.
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