Faculty of Business, Economics & Accounting

Department of Accounting and Finance

HELP Bachelor of Business (Hons) Year 1
HELP Bachelor of Management (Hons) Year 1
HELP Bachelor of Business Psychology (Hons) Year 1
HELP Bachelor of Tourism Management (Hons) Year 1

INTERNAL SUBJECT DETAILS

Semester 3, 2016
Subject:

LAW 101
Business Law

Subject Lecturer/Tutor:

Mr Harkiranpal Singh
Telephone: 03-2716 2000
Fax:
03-2093 5311
Email:
harkiranpals@help.edu.my

Consultation:

By appointment

PRE-REQUISITE(S)
EL101 ELEMENTS OF LAW
SYNOPSIS
This subject is designed to provide a sound knowledge of the core elements of
Malaysian Business law. The subject commences with a review of the important
components of the Malaysian Legal System in comparison with the Australian and
English Legal System, the judicial process and the means by which the disputes are
resolved or litigated. While the subject concentrates on civil aspects mainly
commercial, contract and torts, other areas of importance are also dealt with.
OBJECTIVES
Upon completion of this subject, students should be able to:

identify and explain the key features of the Malaysian Legal System and compare it
with the Australian and English Legal System, in particular, the main sources of
law, the court system and the administration of justice;

demonstrate an understanding of the rules and presumptions used by the courts in

interpreting statutes; outline the process of litigation and describe alternate methods
of resolving disputes;

demonstrate an in depth understanding of the principles of the Law of Contract,

Law of Tort, Business Entities, Intellectual Property, Employment Law and
Consumer Laws;

explain the main aspects of Hire Purchase, including formation of hire purchase
agreements, implied terms, misrepresentation, rights and liabilities of the hirer,
procedures for repossession and rights of the hirer if goods repossessed;

explain the rules of Agency as they apply to sole traders, partnerships and
companies;

apply those laws to factual situations and coming to reasonable conclusions, and

discuss legal topics in a confident manner and possess good analytical skills.

TOPICS
Topic 1

Malaysian Legal System I

Topic 2

Malaysian Legal System II

Topic 3

Law of Contract

Topic 4

Law of Tort

Topic 5

Sale of Goods & Consumer Protection Act 1999

Topic 6

Law of Agency

Topic 7

Business Organisation (Company Law)

Topic 8

Partnership

Topic 9

Hire Purchase

Topic 10

Copyright Law

Topic 11

Law of Trademark

Topic 12

Employment Law

PRESCRIBED TEXT
Lee Mei Pheng and Ivan Jeron Detta, Business Law, Oxford University Press, (2014)
(2 nd edition).
RECOMMENDED TEXTS
Visu Sinnadurai, Law of Contract, Lexis Nexis Malaysia (2011) (4th Edition).
Loganathan Krishnan, Parimaladevi Rajoo & Anne Chrishanthani Vergis, Principles of
Business and Corporate Law, CCH Malaysia (2009)

Subject Outline / Teaching Plan

Department
Lecturer

: Accounting & Finance

: Harkiranpal Singh

Week

Subject Code : LAW 101

Subject Title : Business Law

Topics

References

Malaysian Legal System I

Chapter 1 & 2 (LMP)

Malaysian Legal System II

Chapter 1, 2 & 3 (LMP)

Law of Contract

Chapter 6 (LMP)

Law of Tort & Law of Agency

Chapter 5 & 11(LMP)

Mid Semester Test

Sale of Goods Act & Consumer Protection Act 1999

Chapter 9 (LMP)

10

Business Organisation

Chapter 12 (LMP)

11

Partnership and Hire Purchase

Chapter 12 (LMP)

12

Copyright Law, Law of Trademark and Employment Chapter 10 and 18

Law
(LMP)

13

Revision

36

14 15

Examination Week

Textbook:
Lee Mei Pheng and Ivan Jeron Detta, Business Law, Oxford University Press, (2014)
(2 nd edition).

ASSESSMENT
There are 4 assessment items for this subject.
Assessment Items

Value

Due Date

1. Mid Semester Test (Closed Book)

15%

Week 8

2. Assignment

15%

Week 11 (8 November 2016)

3. Participation / Attendance

10%

4. Final Examination (Closed Book)

60%

Examination period: 26 Nov 3

Dec 2016**

REQUIREMENTS
To gain a pass in this subject, students must:

Achieve a passing grade in the final examination i.e. score a minimum of 30

marks out of 60 marks if there is an examination for this subject.

Attempt ALL areas of assessment; and achieve a total result of 50% or better
overall.

** - Please check on the notice board and My Acel for the actual date. HELP
University reserves the right to make any changes to the above where appropriate.

Assessment Details
This is an individual assignment. The word count should around 1200 words.
Question
a) Explain whether silence amounts to misrepresentation.
(40 marks)
b) Alan wanted to park his car in Unreliable Car Park. He saw a sign 'Car Park' & a
notice board with an exclusion clause excluding liability for any damage to vehicles
or for personal injuries caused by parking the vehicles there. However, the notice
board was obstructed by some trees. He drove in and received a ticket from an
automatic machine. The ticket contained similar exclusion clause which he did not
read. Alan parked his car and went shopping. When he returned, his car was badly
damaged. Advice Alan whether he can claim damages from Unreliable Car Park.
(60 marks)
(Total: 100 marks)

Turnitin Details
Class ID: 12913302
Password: abc123

Performance Criteria for Assignment

Marks are awarded based on the following guidelines:
GRADING SCHEME
Mark Range

GRADE

GRADE
POINT

85 - 100

HD 1

4.00

DEGREE
CLASSIFICATI
ON

MARKING RUBRICS

FIRST CLASS
80 84

HD 2

3.75

75 - 79

DI 1

3.50

SECOND
UPPER CLASS

70 74

DI 2

3.25

65 69

CR 1

3.00

SECOND
LOWER CLASS
60 64

CR 2

2.75

55 - 59

PS 1

2.50

50 - 54

0 - 49

PS 2

FL

2.00

THIRD CLASS
PASS

0.00

Comprehensive and excellent grasp of

key concepts
Excellent use of analytical means and
logical argum ents
Excellent synthesis of arguments and
excellent use of relevant examples
Balanced discussions and excellent
flow of ideas
Excellent command of language with
no errors
Excellent and consistent referencing
Comprehensive and excellent grasp of
key concepts
Excellent use of analytical means and
logical arguments
Good synthesis of arguments and
excellent use of relevant examples
Balanced discussions and good flow of
ideas
Excellent command of language with
no errors
Excellent and consistent referencing
Competent grasp of key concepts
Competent use of analytical means
and logical argum ents, albeit with
some errors
Fair synthesis of arguments and
moderate use of relevant examples
Fairly balanced discussions and fairly
clear flow of ideas
Competent command of language and
limited amount of errors
Satisfactorily is referencing
Basic grasp of key concepts
Less than satisfactory use of analytical
means and logical arguments
Little synthesis of arguments and
hardly any relevant examples
Some evidence of balanced
discussions and poor organisation
Satisfactorily command of language
and considerable amount of errors
Relatively flawed referencing
Shows ignorance of key concepts
Less than satisfactory use of analytical
means and logical arguments
Little synthesis of arguments no
relevant examples
Little or no balanced discussions and
poor organisation
Relatively poor command of language
and unable to expressed ideas clearly
No referencing or poor referencing

HELP UNIVERSITY
ASSIGNMENT FEEDBACK/MARKING SHEET
LAW101
Business Law

Student ID:_______________________________________

Assessment Criteria

Mark
Achieved

Maximum
Mark

Relevance of materials used

Application of appropriate theories

15

Logical flow, sequence and development

15

Evidence of background reading

15

Appropriate depth of analysis

15

Evaluation of issues and results

15

Use of supporting data/evidence

10

Use of referencing system and bibliography

Overall presentation

Total Mark

100

Assignment No.: __

Assignment Cover Sheet

Student Information (For group assignment, please state names of
all members)
Name

Grade/Marks

ID

Office
Acknowledgement

Module/Subject Information
Module/Subject Code
Module/Subject Name
Lecturer/Tutor/Facilitator
Due Date
Assignment Title/Topic
Intake (where applicable)
Word Count

Date/Time

Declaration
. I/We have read and understood the Programme Handbook that explains on plagiarism, and I/we
testify that, unless otherwise acknowledged, the work submitted herein is entirely my/our own.
. I/We declare that no part of this assignment has been written for me/us by any other person(s) except
where such collaboration has been authorized by the lecturer concerned.
. I/We authorize the University to test any work submitted by me/us, using text comparison software,
for instances of plagiarism. I/We understand this will involve the University or its contractors copying
my/our work and storing it on a database to be used in future to test work submitted by others.
Note:1) The attachment of this statement on any electronically submitted assignments will be deemed
to have the same authority as a signed statement.
2) The Group Leader signs the declaration on behalf of all members.

Signature:

Date:

mail:

Feedback/Comments*
Main Strengths

Main Weaknesses

Suggestions for improvement

Student acknowledge feedback/comments

Graders signature

Students signature:

Date:

Date:

Note:

1)A soft and hard copy of the assignment shall be submitted.

2)The signed copy of the assignment cover sheet shall be retained by the marker.
3)If the Turnitin report is required, students have to submit it with the assignment. However, departments may allow
students up to THREE (3) working days after submission of the assignment to submit the Turnitin report. The
assignment shall only be marked upon the submission of the Turnitin report.
*Use additional sheets if required.

10

Department of Accounting &

Finance
ACADEMIC INTEGRITY
Honesty and Responsibility
Academic integrity is an important tenet for HELP University. In pursuit of the highest
standards of academic integrity, the Department of Accounting & Finance holds it
students to the highest ethical standards defined by the Rules and Regulations section
of the Academic Handbook. All students at the Department of Accounting & Finance
are subjected to and are bound by the Student Academic Misconduct Rule to assure
academic honesty. Students are required to sign a pledge on the assignment cover sheet
before submitting your assignments to the Administration Office of the Faculty of
Business, Economics & Accounting.
What is Plagiarism?
Plagiarism is academic dishonesty or academic theft, and it is a serious academic
offence. Plagiarism includes, but is not limited to, the followings:
1. quote, paraphrase or summarize someone elses ideas, theories or data, in whole
or in part, without appropriate acknowledgement
2. borrow ideas, opinion or words, in whole or in part, from other sources without
properly crediting the author(s)
3. use any facts, statistics, diagrams or graphs, in whole or in part, without
acknowledging the source clearly
4. claim or imply original authorship of someone elses ideas, theories or data, in
whole or in part, as your own
5. employ or allow someone to help to revise, amend or write your work and pass
off as your own original work
6. collaborate with or allow other students to copy your work
7. draw on sources more than what you have acknowledged by citations
While a student is not discouraged to discuss an assignment with his/her friends or
classmates, the work he/she submits must be done by the student alone. If a student
shares his/her assignment with other students and they plagiarize it, the student is as
guilty as those students who plagiarized his/her assignment. All parties to plagiarism
are considered equally guilty. Under no circumstances should a student be involved in
collusion with other students unless he/she is permitted to work on an assignment
jointly by the lecturer/tutor. If a student is unsure what constitutes plagiarism, he/she is
obliged to consult the lecturer/tutor on the matter before submission of his/her
assignment.
When and How to Reference?
Knowing when and how to cite is a students responsibility. If he/she is in doubt or
need more help on this matter, the student may consult the lecturer/tutor. The following
list comprises some of the sources a student will need to reference. The list is by no
means exhaustive, but simply consists of the most common sources used by students to
complete their work.
1. Books
11

2.
3.
4.
5.
6.
7.
8.

Chapters in books
Journal articles
Conference papers
Newspaper articles
Magazines
Websites
Study guide

Students are advised to cite in the following cases [1]:

1. When he/she quotes two or more words verbatim, or even one word if it is used
in a way that is unique to the source
2. When he/she introduce facts that he/she have found in a source
3. When he/she paraphrase or summarize ideas, interpretations, or conclusions that
he/she find in a source
4. When he/she introduce information that is not common knowledge or that may
be considered common knowledge in your field, but the reader may not know it
5. When he/she borrow the plan or structure of a larger section of a sources
argument (for example, using a theory from a source and analyzing the same
three case studies that the source uses)
6. When he/she build on anothers method found either in a source or from
collaborative work in a lab
7. When he/she build on anothers program in writing computer code or on a notcommonly-known algorithm
8. When he/she collaborate with others in producing knowledge
In general, a referencing system requires two parts:
1. In-text citations
This is information about a source within the text of an assignment.
2. List of references
This is a list of all sources a student has used to research his/her assignment. It
is alphabetically arranged by author surname and appears immediately after the
last page of an assignment.
Different faculties or departments may have different requirement on how referencing
for an assignment should be done. The various formats used for in-text citations and list
of references are available in the following websites:
1. Harvard System (http://www.adelaide.edu.au/library/guide/gen/harvard.html)
2. Chicago Style (http://www.chicagomanualofstyle.org/index.html)
3. American Psychological Association or APA Style (http://www.apastyle.org)
4. Modern Language Association of America or MLA Style (http://www.mla.org)
Once a student has selected a referencing style for his/her assignment, he/she must
follow the same style consistently throughout the assignment. We strongly suggest that
the student consults the lecturer/tutor about which method to use before submission of
his/her assignment.

http://www.yale.edu/bass/writing/sources/plagiarism/warning.html, accessed May 18, 2008.

12

What are the Procedures and Penalties for Plagiarism?

When a lecturer/tutor encounters a possible case of plagiarism, the lecturer/tutor shall
report the matter to the Head of the Department, who then initiates an investigation on
the matter. The following procedures would be carried out:
1. The lecturer/tutor shall provide evidence that substantiates an academic offence
has occurred. The following documentations must be ready prior to reporting of
alleged plagiarism:
a. Copy of the alleged plagiarized assignment
b. Copy of the source material (e.g. articles, websites, newspaper, etc.)
c. Report of plagiarism
d. Any other information that would support the claim of plagiarism
2. If the evidence warrants an accusation of academic offence, the Head of
Department shall establish a Board of Inquiry comprising 3 academic staff. The
Department shall provide all necessary documentations, including report on
prior academic offences if applicable, to the Board of Inquiry.
3. The Board of Inquiry shall put the matter to the student in writing and give
him/her an opportunity to respond to the accusation within 3 working days.
4. The student will be required to attend a meeting with the Board of Inquiry.
After meeting the student, the Board of Inquiry shall decide whether or not the
alleged plagiarism has occurred. The following documentations shall be
submitted to the Head of Department at the end of the meeting:
a. Findings of the investigation
b. Recommended action(s) to be taken or imposed
5. The Head of Department shall review the Board of Inquirys report with
supporting evidence and shall decide on an appropriate action(s) based on the
recommendation of the Board of Inquiry.
6. The decision of the Head of Department shall be put in writing to the student.
Copies of all documentations will be retained in the Department.
7. If the student feels that he/she has been unfairly accused or treated, the student
may appeal to the Head of Department within 5 working days.
8. The Head of Department shall review the appeal and the final decision will be
communicated to the student in writing and a copy will be kept with the
Department. Once a determination of plagiarism and penalty has been made by
the Head of Department, the investigative process will be deemed to have ended
and the student will not be allowed to appeal.
Possible penalties for plagiarism range from mark reduction for the assignment to
expulsion from the University. The student will not be allowed to make up the
assignment. If plagiarism has been found to have occurred, the Department will take
action(s) as determined by the forms of plagiarism implicated:
1. Complete plagiarism
Verbatim copying another persons work without acknowledgement
1 st offence : A grade of F in the subject and a warning letter will be
issued
2 nd offence : Expulsion from the University at the discretion of the Head of
Department
2. Substantial plagiarism
Near-verbatim copying another persons work by simply altering the order of
the sentences or the format of presentation or by changing a few words or
phrases without acknowledgement.
13

1 st offence

Zero mark on the assignment and a warning letter will be

issued
2 nd offence : A grade of F in the subject and a warning letter will be
issued
rd
3 offence : Expulsion from the University at the discretion of the Head of
Department
3. Minimal plagiarism
Acknowledgement is made but paraphrasing by changing and/or eliminating
some words
1 st offence : Deduction of 50% of available marks on the assignment and a
warning letter will be issued
2 nd offence : A grade of F in the subject and a warning letter will be
issued
3 rd offence : Expulsion from the University at the discretion of the Head of
Department
4. Unintentional plagiarism
Insufficient acknowledgement by not applying citation or quotation marks
correctly
1 st offence : Deduction of up to 50% of available marks on the assignment
and a warning letter will be issued
nd
2 offence : A grade of F in the subject and a warning letter will be
issued
3 rd offence : Expulsion from the University at the discretion of the Head of
Department
Pleading ignorance or unintentional plagiarism does not constitute valid reasons for
plagiarism and will not avoid the penalties from being imposed. Excuses for acts of
plagiarism such as the following, but not limited to, will not be entertained:
1. I dont have time to do the assignment
2. I have too many assignments due on the same day
3. I dont know, I really didnt do it
4. I am not aware
5. I dont understand what plagiarism means
6. I have no intention to plagiarize
7. I forgot to cite the reference
8. I forgot to include the bibliography
9. My English is not good
10. My lecturer/tutor did not explain to me
11. In my country, it is alright to copy someone elses work
12. My friend copied my assignment when I let him/her to look at my assignment
13. My friend copied my assignment when I allow him/her to use my laptop
14. I did my assignment in the computer lab, someone must have copied my work
15. I asked my friend to submit my assignment and he/she copied my work
16. I discussed my assignment with my friends, so our answers are the same/similar
17. Even though I do not have in-text citation but I have bibliography/reference list
Students should be reminded that it is their responsibilities to take due care throughout
their written work to effectively reference or cite when they use others ideas from any
source.

14

DEPARTMENT OF ACCOUNTING & FINANCE

SEMESTER X, 20XX
SAMPLE FINAL EXAMINATION
Subject Code

LAW101

Subject Name

BUSINESS LAW

This examination carries 100%. It carries 60% of the total assessment for this subject.
Examiner(s)

Moderator(s)

MR. HARKIRANPAL SINGH

Day

Date

Time :

Time allowed :

Reading 10 MINUTES
Writing 3 HOURS

INSTRUCTION(S):

1. This examination consists of TWO (2) sections.

SECTION A: FIVE (5) Short Answer Questions. Answer any FOUR (4) questions in the answer book
provided.
SECTION B: FOUR (4) Problem Based Questions. Answer ALL questions in the answer book provided.
2. Writing on the examination answer book is NOT permitted during reading time.
3. This is a LIMITED OPEN BOOK examination where students are ONLY allowed to refer to the
Contracts Act 1950, Sale of Goods Act 1957 and Hire Purchase Act 1967 statute books.
4. Students are NOT permitted to retain this examination paper.
5. Students MUST pass this examination in order to pass the subject.

(This question paper consists of 2sections in XX printed pages, including cover page)

15

SECTION A: SHORT ANSWER QUESTIONS (40 MARKS)

Answer ANY FOUR (4) questions. Each question carries 10 marks.
1) Identify and briefly explain FOUR (4) ways how a contract can be discharged.

2) Explain any TWO (2) elements that must be satisfied in order to bring a claim
under tort of negligence.

3) What are the disadvantages of starting a business through a partnership?

4) Explain what is meant by moral rights under the Copyright Act 1987.

5) Briefly explain any FOUR (4) situations where the contract may be made voidable.

SECTION B: PROBLEM BASED QUESTIONS (60 MARKS)

Answer ALL questions. Each question carries 15 marks.
1) Ashraf has just started working with a new company after his employment was
terminated from the previous company for reason of retrenchment. Three months
before he was terminated, he bought a car from Citra Merdeka Cycle & Carriage
and for the purpose of financing, Ashraf obtained a loan from Jimat Kira Finance
Berhad. Ashraf had no problem paying the instalment of the car until the end of
February 2007, when he was retrenched. Due to his financial difficulty, Ashraf has
defaulted in making two monthly instalments for the car. As a result of the default
in payment, without any notice, JJ was sent by Jimat Kira Finance to Ashrafs
house to repossess his car. Ashraf, in upholding his right, showed JJ his machete
and said, Get out or youll die.
Discuss whether Ashraf has the right to evict JJ

2) Ali had a successful western restaurant business in Kuala Lumpur. This business
was purchased by Ahmad for RM4 million in2012. In the contract for the sale of
Ali's business, it was stated that Ali will not be allowed to open any restaurants in
Kuala Lumpur for 2 years from the date of the sale of the restaurant. Now, Ali is
planning to open a North Indian restaurant in Kuala Lumpur. He is worried that this
may contravene his agreement with Ahmad. Advise Ali

16

3) Fiona was appointed by Richard to do a number of jobs for him. One of them was
to find a buyer for his land. He told Fiona that he will sell it for RM600,000, which
he believed was the market price. Upon doing a market survey, Fiona realised that
Richards land can fetch a price of at least RM900,000 because of a new shopping
mall coming up nearby soon. She did not tell this to Richard. Fiona used her
mothers name to buy the land for RM610,000 and later re-sold it to another buyer
for RM950,000. Richard found out what Fiona had done. Advise Richard as to his
rights and remedies.

4) After Muthu bought and paid for the last Swatch watch in Mimis shop, Mimis
assistant who is not aware of the sale, at the time when Muthu was looking at other
items, accidently sold the same watch to Sam who bought it and left the shop. Who
is the true owner of the watch and why?

**END OF EXAMINATION PAPER**

17