Question

3 (March 2016)

Iqbal who is a 19 year old student, intended to buy a motorcycle in order to commute to the
university from home. On 12 December 2015, he met with Adli, a seller on Mudah.my who
had advertised his motorcycle for sale at a price of RM 5,000.00. The safe was concluded
and Iqbal paid the full purchase price to Adli. Adli however refused to hand over the
motorcycle to Iqbal. Iqbal intends to commence legal proceedings against Adli. Advise him
on the preliminary matters that he needs to consider before the commencement of the
action.

Parties to the suit consist of two sides; plaintiff and defendant. In this case, Iqbal is the
plaintiff. This is because Iqbal is the party that wants to initiate legal action towards Adli. Iqbal
meets two conditions which is Sui Juris because he is 19-year-old and is old enough to bring
the case by himself. He fulfilled the age of majority according to the law - the Age of Majority
Act 1971 where the age of majority is determined at 18 and above. Iqbal is also Compos
Mentis because he understands the he wants to take legal proceedings against Adli who
breach the agreement. Meanwhile, Adli is the defendant for this case because he has to Comment [Office1]: Compus mantis - must show HOW he
has the abilities to understand of what this legal action taken
defend the legal action brought by Iqbal. Adli is Sui Juris on the fact that he owns a vehicle.
by Iqbal upon him
Adli is also Compos Mentis because.
•About the legal action yang they are doing
Next, Locus Standi is the right to appear or bring an action or to be heard in court or to address • Claim civil ligitation yang Iqbal cuba ambil terhadap adli
•compus mantis terhadap civil ligitation bukan terhadap
the Court on a matter before it. In this case, Iqbal is adversely affected because anything contract shj
happened to the contract he will suffer the consequences. Iqbal has a real and genuine • dia faham CL yang diambili oleh Iqbal apakah kesan dia
interest since he has a valid contract with Adli who is supposed to hand the motorcycle to dia faham tak apakah dia dan apakah kesan terhadap dia
•jangan revolves terhadap contract shj/apa yang berlaku
Iqbal after he paid for it. Thus, when something happened to the contract Iqbal may be • common mentis mesti involves around CL
adversely affected as seen in the contract which he lost RM 5,000.00.
Iqbal - he understands his rights under the contract he
entered and he has chosen to take legal action against adli
The cause of action in this case between Iqbal and Adli, there is a contract that both of them so this shows that he is compos mantis in the matter.
agreed to. Iqbal agreed to pay RM 5,000.00 and which he already paid the full purchase price
to Adli. However, Adli breached the contract by refusing to hand over the motorcycle to Iqbal. Adli - he understands the terms and conditions of
mudah.my in which if he did not perform his contract he
The plaintiff, Iqbal has cause of action since he lost RM 5,000.00 as well as did not received may be liable in any claim made by the buyer.
the motorcycle.

Limitation period refers to the period within which the suit must be brought to the court. In
this matter, it is chosen under the limitation period because the cause of action has been
completed which is the breached of the contract. the limitation period starts on 12 December
2015 because that is the day when Iqbal and Adli have agreed to the contract and the
payment has been made. This action will be continued for 6 years in the court which will be
ended on 12 December 2021.

Lastly, remedies are any method available under the law to obtain redress for the
infringement of rights. The suitable remedy for this case is damages where Iqbal can claim for
money compensation. This is because the contract has been breached which Iqbal did not
receive the motorcycle that resulted him to loss RM 5,000.00.




Question 3 (April 2019)

Permata Hati Play School (PHPS) brought thirty kids aged five to six years old for a picnic at
Nyaman Waterfall. They were accompanied by three teachers. Tova, a six-year-old boy
nearly drowned when he slipped and fell into the waterfall. He was rescued almost seven
(7) minutes later by a man since none of the teachers knew how to swim. Tova had
developed an acute asthma as a result of that incidents. Tova’s mother, Madam Gaya, wants
to take legal action against the school.

Advise her on the aspects of preliminary matters that she needs to consider before any legal
proceedings can be commenced.

Parties to the suit consist of two sides; plaintiff and defendant. In this case, Madam Gaya is
the plaintiff and Permata Hati Play School (PHPS) is the defendant. Madam Gaya is the
plaintiff because she is the party that want to initiate legal action toward PHPS. Madam
Gaya is Sui Juris because she is a mother of a child which means she already pass the age of
majority. Madam Gaya is also Compos mentis because she has the right to take legal action
against PHPS on the claim of the teachers being irresponsible toward Tova. Meanwhile,
PHPS is the defendant because she has to defend the legal action brought by Madam Gaya.
PHPS is Sui Juris and Compos Mantis because they are a school.

For locus standi, Madam Gaya is adversely affected because PHPS were irresponsible in
taking care of the children. Madam Gaya has real and genuine interest because Tova is her
son and he is a student from PHPS. The incident causes Tova, her child to have an acute
asthma due to him almost drowned. This has adversely affected Madam Gaya because she
has to spend money for the medical bills for his son and need to take extra care of his son
who used to be healthy.

The cause of action in this case are PHPS were being irresponsible in monitoring the Comment [Office2]: •Phps hantar 3 cikgu untuk monitor
students. PHPS sent only 3 teachers while the students that went to the picnic were 30 30 murid
•The place they brought the children is the dangerous
students. The place they went to picnic is a dangerous place for children. Moreover, the place
teachers didn’t know how to swim despite bringing the children to waterfall. Thus, it •Teachers don’t know how to swim.
resulted in Madam Gaya have to spent money for her son’s medical bills. •Loss- medical bills


Next, limitation period for this case is the day when they were having picnic at Nyaman
Waterfall. This is because the cause of action is completed when the accident of Tova
happened? (3 teachers failed to monitor 30 students?). The limitation period begin 6 years
from cause of action completes.

- LP start when madam gaya has to pay for her medical bill

For Remedies in this case it is more suitable to choose damages. This is because the school
brought the students to a dangerous place which resulted in Tova’s drowning and now have
acute asthma. Madam Gaya can claim for money compensation for her to be able to pay
Tova’s medical bill.