Law 595 / Law 609 - Opinion Writing, September 2016 to January 2017, Coursework (1)

Compilation of questions & answers for clarification.

1.

What are the t&c for 'premium delivery' option? Justification: To determine who
bears responsibility if the goods is not received by BES/ To know if ABB has made
any undertaking to compensate loss suffered when goods fail to arrive/ To know
whether 'time of essence' is expressly states in contract.
Premium delivery guarantee: (a) '... the most secure mode of delivery ...' (b) '... the fastest
possible mode of delivery ...' (c) '... maximum degree of traceability for the customer
through a web based tracking system ...' (d) '... guaranteed delivery times ...'

2.

Is there any evidence or proof of documents by RMC that the consignment was
released to ABB's agent? Justification: To determine where the goods are, and to
exclude any parties' liability if any.
RMC has a resit which states that the consignment was '... signed out and received by
'... Fast Post Sdn Bhd, for and on behalf of ABB ...'

3.

Is there a specific period of time/warranty for BES to be liable after full installation
of system and it being fully operational?Justification: To see if BES can escape
liability and claim for balance of 50% payment.
BES was contractually required to finish the installation by 30 August. The client wanted
to have a grand unveiling of the upgraded system on 31 August, to celebrate National
Day.

4.

Is there a breach on the part of Janitor's Company and is there any terms that
compels the company within specific time to replace the worker or to pay any
penalty? Justification: To know if BES have any remedies against this
Ans: I think the 'lawyers' should should answer whether there was indeed a breach by the
Janitor's Company. There are no express clauses to that effect.

5.

When the plans for automation of the second warehouse canceled, did HSR
incurred any cost when he drawn up the detailed plans, after he surveyed the place
for the project which he had submitted to the customer. Justification: to determine
whether HSR can claim for wasted expenditure.
Wasted man hours there totalled about 40 hours. The professional fees charged by HSR
is RM800 per hour, inclusive of GST.

Compiled by Dominic J. & Associates.

UiTM, Law.
12/10/2016

6.

What was/were the reason(s) the security system customised by HSR crashed?
Justification: if it is caused by external factors or somehow the hack was
attributable to it, customer refusal to pay the remaining 50 percent of the invoice
for the first project is not justified
A joint probe (reported to the world at large by Bernama) by MCMC and the 'Majlis
Keselamatan Negara' concluded: 'Whoever cracked the system, had access to servers
which could crack even complex military grade encryption, if given sufficient time'.

7.

Was the customer/ owner of the warehouses promise that he would pay the
remaining 50 percent of the installation fee immediately reduced into writing?
Justification: to determine whether its merely an oral assurance or a writen
agreement.
The payment mechanism was agreed orally between the parties. The written contract
merely set out the price.

8.

What were the duties of the janitors and the obligation undertaken by the company
entail under the contract for janitorial services? Justification: to determine why the
company had difficulty meeting its contractual obligation and the reason behind
why the three foreign workers ran away
Clause 3 of the Janitorial Services Agreement: 'The aforementioned Company is under
an obligation to exercise due diligence to provide cleaning services to the Customer'.

9.

According to the Memorandum/Articles of Association of BES, how does HSR and

Jessie Khaw divide their liabilities for any contracts that they entered into?
Justification: To know the extend of liability that Jessie Khaw and HSR have to bear
upon any losses suffered by the company.
The company uses the standard form MOA and AOA provided for under the Malaysian `
statutory regime.

10. How much is the total payment made to ABB for the goods ordered? Justification:
To know the amount of damages to claim to ABB. (If claimable)
The electric motors cost RM10,500 each.
11.

How much does the customer has to pay to BES for the first warehouse project?
Justification: To calculate the amount of damages to be claimed, if any
Total amount which could have been invoiced for the project is RM3,700,000.00 (inclusive
of hardware, software and consultancy fees).

Compiled by Dominic J. & Associates.

UiTM, Law.
12/10/2016

12. What is the name of the janitorial services company and why does HSR refused to
terminate the contract with them? Justification: The name would be a material fact
in order to take action against the company.
The company providing the services is named Cinimod Clinical Cleaning Sdn Bhd (CCC)
and has the following trademark: 'Clean, Cleaner, Cleanest'. The majority shareholder of
the company is HSR's 'mother', Mumee Kaur Gill (MKG). When HSR was orphaned, MKG,
who was a neighbour, unofficially adopted him and looked after him for ten years until he
turned 18. She used to take on multiple jobs as a cleaner to supplement her day job, so
that HSR could go to school and get an education.
13.

Was there any clause that limits the time for BES to claim for non-delivery of
goods from ABB? Justification: If there is a time limit probably BES is not entitled
to claim for damages resulting from the non-delivery of the goods after the lapse of
two weeks.
Clause 9 of the contract for transportation and delivery of the motors: 'If no complaint is
lodged within 28 days of the delivery, it is presumed that the delivery had taken place in
accordance with properly executed contractual duties'.

14. Was there any term in the contract that says that BES will be liable for any failure or
system malfunction?Justification: If there is such clause, then BES cannot compel
the customer to pay for the remaining 50% of the installation fee.
Clause 17: 'BES shall install for the customer the industry's premier commercial grade
encryption system for the aforesaid customer'.
15. Is there any written contract signed between BES and the customer pertaining to
the second project? Justification: If there is a written contract, it allows BES to
claim for damages for substantial work done in surveying the place and drawing up
detailed plans for the project which he had submitted to the customer.
The second project was verbally agreed between the parties. HSR was having dinner with
the company's top management during trials after first system was installed at a
Japanese Restaurant in Shah Alam called 'Yuckeetoree'.
16. Did BES in any way communicate with ABB to reject the goods? Justification: it's
to determine whether BES has a right to repudiate the contract on basis of breach
of condition (non delivery).
No

Compiled by Dominic J. & Associates.

UiTM, Law.
12/10/2016