TQ2_W3_L2

1.

Tri 1 2015/2016

Kassim Selamat (KS) and Mak Dara (MD) has agreed to enter an agreement of Sale
and Purchase in which KS agree to sell to MD a house with a price of RM550,000.00
and MD agree to purchase the house at the same price. They enter the agreement
on 01/01/2008. Instead of applying loan to finance the house, KS offered to MD a
friendly loan of the same amount. MD agreed and signed the contract of financing the
house with KS on 01/02/2008. One of the terms of the said contract stated that,
upon default of payment of the monthly payment, the financier shall take legal action
against the borrower. The house then, charged under KSs name as security of the
said loan.
MD currently is facing some financial problem, thus, she has failed to pay the
monthly payment of RM2000.00 to KS. The default of payment started since January
2012 and she has not made any payment until to date. KS now is looking at legal
side to take action against MD.
Advise KS on the following:a) Cause of action for KS against MD.
b) Limitation of period of the action.
c) Discuss on whether the application of law is different as follows:MD dies of breast cancer on 13/08/2012. The property is now under the care of
her son; Ahmad Albab whom have not taken the Letter of Administration yet.
Advise KS shall he still insist in taking legal action of the property.

2.

On 03/01/2013, Abdul Wahub and his wife Ghasidah, were having their honeymoon
trip when the bus they travelled with; Panduberhati-hati Bhd collided with another
vehicle; Labu whom stopped at the side of the lane to answer a call. According to the
bus driver, Ajis, he had to swerve the bus in order to avoid a huge hole on the road
where it was found out that the Jabatan Kerja Raya was repairing the road without
taking any precaution steps to warn the road users.
As a result, Abdul Wahub, Ghasidah and Labu suffered injuries due to the accident.
Labu on the other hand, had died on 01/04/2013 due to the severe injuries that he
had. In 01/06/2013, Manisah; Labus wife extracted Labus probate. Abdul Wahub
and Ghasidah would like to know on their legal action against the accident while
Manisah wants to know whether she can claim on dependency claim for her
husbands death.
Advise the followings according to their cause of action and limitation of period:-

NFA

Abdul Wahub & Ghasidah v Government of Malaysia;

Abdul Wahub & Ghasidah v Panduberhati-hati Bhd; and

Manisah (Labus executor) v Panduberhati-hati Bhd.

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TQ2_W3_L2

NFA

Tri 1 2015/2016

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