building construction& material: 2011

Sunday, December 18, 2011

Exercise 5

1. Standard Forms of Building Contrtacts will normally require Contractors to provide TWO ( 2 ) types of indeminities to the Client . Identify and describe these indemkinities with example .

1) Indemnities against claims losser from damage for example at case of fire , theft and vandalism .
Insurance
Insurance injured against third party when fire happen the material of the thrid party will also make she / he lose .

2. Contractors will normally purchase insurance to protect themselves from loss and liability . Identify and describe FIVE ( 5 ) different categories of Insurance Risks ( not events ) that the Contractor will normally insure against .

- EMployer liability to employees - Contractor shall take and maintain in the joint names of employer , contractor , sub-con in respect to personal injuries / death & injury / loss and damage of property due to work excavation .
- THird party liability - The policy shall cover 3rd party liability for personal injury / death / damage to property
- Damage property - Event of fire , theft , vandalism and breakage
- Insurance of work - Contractor shall take CAR ( Contractor all risk ) insurance policy for a value not less than the contract sum under joint names of Employees , COntractor and sub-con including professional fees and removal of debris .
-Contractor have insurance for plant , mechanaries and equipment .

3 ) Identify 5 types of events or perils which the Contractor will need to cover against loss .

Fire
Lighting
Explosion
Earthquake
Volcanism
Tsunami
Storm
Cydone
Flood
Inundation

4. Explain the meaning of the term " Performance Bond " and its purpose .

- A bond issued to one party of a contract as a guarantee against the failure of the other party to meet obligations specifie in the contract .

Purpose - Performance bond are used by owners who are not sure that they can fully trust their contract , and want a safety net that will pay them back if the project goes wrong with a performance bond , owners can specify exactly what kind of work they want done and hold the contract to it . Government agencies and larger coperation require performance bonds for this reasons .

Exercise 3

a) Based on PAM 2006 Form of the Building Contract , discuss whether the Contractor is entitled to an Extension of Time and a Loss and ? or Expense claim in the followings situations :

i)The Contractor was instructed to suspend his foundation works for two months due to a poor response to the newly launched housing project by the Developer .

A : - In this case , that was due to developer fault so the Extension of Time should be proven .
- The two months was long time and mass feel of worker . sO THERE WAS CLIENT , developer's fault that's why the claims must be proven .

ii ) The quantity of removal of roack unforeseenbly tripled that allowed in the provisional quantity , resulting in additional 30 days being spent on this activity .

A: Because the responsible was not at neither contractor or client , so it was suppose to give extension of time in the project .
- The contractors riosk was including the quantityu of removal rock , so it did not have any claims to the contractors .

iii ) The Architect was made to wait for confirmation of the revised external colour scheme by the EMployer for three weeks when the contractor is in the finishing stage of his works .

A : - Late confoirmation was given by the Client , Devloper fautly because of this contractor manage to get extension of time .
- The late confirmation will cause a lot of loss to contractors because that was developer fault , so contractor manage to get claims .

Iv ) A two - months duration was allowed for pilling the Contractor in his Master Works Programme . it took him two and half month to complete the piling work and he is claiming for two weeks extensions on the ground that the Architect had accepted and approved his work programme .

A : Because the Architect are acce[ted amd a[[rpved tje extemsopm works so the extension of time for the element was accepted .
- Submission of work programme does mean the contractors can relieve the complete the works , so the claims was not accepted .

v ) Just before the Hari Raya balik kampung rush , the Contractor without an Architect's Instruction complied with JKR;s urgent order to widen the adjoining road and lay new concrete kerbs to make it safer for road users . The contractor mobilizred half of his existing workforce to complete this addtional works in 5 days .

A: The client was order to do the addittional work which was a variation of the project , so contractor manage to get extension of time .
- The vatiation order has received directly for client , so the claims should accepted /

B ) Define the term Relevant Events' in the context of Extension of TIme under PAM 2006 Form of Building Contract and discuss any FOUR (4) of those " Relevant Events' stated in the Extension of TIme provision contained in Clause 23.8 .

Clause 23
- 23.8 ( a ) Force Majeure - It was act of god like tsunami , earthquake and volcano .
- 23.8 ( b ) Exceptionally in element wheather - The heavy rain at Johor and Kelantan .
-23.8 ( c ) Loss and / or damage occasioned by one or more of the contingencies referred to in clause 20.A , 20.B or 20.C as the case may be , provided always that the same is not due to any negligence , omission , default and / or beach of contract by the Contractor and / or Nominated sub- Contractors

- The developer got addiction work , variation to the project .

-23.8 (a) Civil commation , strikje or lockout affecting any of the trades employed upon the works or any of the trades engaged oin the preparation , manufacture or transportation of any materials and goods required for the works .
- The rte of transportation material or price of the material .

2d

The liquidated acertained Damages only valid or the Contractor only has required to pay for Liquidated Ascertained Damages when the Client or Architect has issued certificate of non - completion

2d

The liquidated acertained Damages only valid or the Contractor only has required to pay for Liquidated Ascertained Damages when the Client or Architect has issued certificate of non - completion

Building act and contract

If the certificate of Non-Completion has been issued on 30th December 2008 and the Extension of TIme was not approved , the Contractor only finished theoir work on 15th January 2009 . How much Liquidated Ascertained Damanges that Contractor has to pay to the client ?

15 days x RM 2,250.00 = RM 33,750.00

C) Based on the Table Q6 what is the total amount of variation works ?

Total variation works = adjusted sums - contract sum

= RM 5,900 , 000.00 - RM 5,000,00.00
=RM 900 ,000 .00

Saturday, December 17, 2011

Sources

Natural
( crushed rocks , sand and gravel )
From river beds , quarries , sea-beds , cooled volcanos
Artificial ( man - made )
- Broken bricks , blast furnace slag

Agggregates

Minerals filler materials
Collection of small particles
60-70 percent of concrete are aggregates ( 3/4 volume )
Cheap : - economical to have more aggregates in concrete
High volume of stability
Reduce the heat of hydration of concrete
Better durability
Classified under 2 categoris
Coarse aggregates - pass through 75mm mesh sieve and are entirely retained on 4.75mm ( 3/16 in )
Aggregates greater than 75mm known as cyclopean aggregates
Fine aggreates ( sand ) - size smaller than 4.75mm but completely retained on 0.07mm mesh .
Silt - 0.06 -0.02 mm
Clay - smaller than 0.02mm

Water repellers

Decrease permeability
Prevent absorption of rain water

Bonding agents

Increase bond strength between new and old concrete surface ( sometime cement - paste slurry is been used )
Use for patching and remedial work
Adverse effect : some reduction in compressive strength .

Bonding agents

Increase bond strength between new and old concrete surface ( sometimes cement - paste slurry is been used )
Use for patching and remedial work
Adverse effect : some reduction in compressive strength

Superplasticisers

Some as water reducer : - but more effective
Disperse by coating cement particles thus separating and dispersing the cement in the water phase .
Use to facilitate placing e.g pump mix ( high workability ) , give early and extremely high strength and durability ( reduction of w/c ratio )
Adverse effect : Increase bleeding and segregation tendency , increase shrinkage

Water reducer

Increase workability or slump ( if w/c remain ) , strength ( reduce water ) ;
Reduce cement and water content ( given same workability and strength )
Use to facilitate placing or to give higher strength and durability .
Adverse effect : - increase drying shringkage , some types may increase bleeding and retard the setting time .

Retarder

Delay onset of setting and hardening i.e extending the time between initial mixing and final compaction
Use in hot weather where large concrete pour
Frequently used in ready - mixed concrte
Uses influenced by aggregates type and grading
Do not adversely affect 28 days strength
Adverse effect : increase bleeding with some type , increase drying shrinkage , reduction of early - strength development

Accelerator 2

calcium chloride ( most common ) , calcium formate
Increase rate of setting and hardening
High heat evolution
Use in winter and rapid removal of formwork
Adverse effect : increase drying shrinkage reduce resistance to sulphate attack , >2% calcium chloride > corrosion of rebar

Accelerators

Should be chloride - free eg . Calcium formate to avoid metallic corrosion and reduction in concrete strength .
Affect setting only
Use for emergency repair work ( stop pressure leaks ) .

Air - Entrainer

Formation of small srtable discrete bubbles
Improved workability ( higher slump )
Increase resistance to frost action
Reduction in bleeding and water gain
Use for road and runway construction
Adverse effect : some reducrtion in strength
The incorporation of void space within concrete decreases its crushing strength by 6% for every 1 % of air-entrained > However , itg is partially offset by using lower water content

Types of admixture

Air - entrainers
Accelerators
Retarders
Water reducers
Superplasticisers
Bonding agents
Water repellers

Admixtures

- Hydration
- Liberation
- Formation of pores
- Development of gel
to achieve workable , finishable , strong , durable and watertight concrete .

Admixture vs additive

Admixture

- SUbstqnces ( other than cement , water aggregates or rebar ) aded during or immediately before mixing to improve / alter the properties of concrete ( eg. accelerators )

Note : Doses are usually very small ( < 1 % )

- Effect very sensitive tovariation in dose

- Side effect

Additive

- Substance added by cement manufacturers to modify properties of cement ( eg. gypsum ) .

Water use

Maximum permitt concentration of various harmful elements as suggested by I.S.I

Organic solid 0.02 %
Inorganic solid 0.30%
Sulphates 0.05%
Alkali chlorides 0.1%

Admixtures

Other than using special cement , admixture can be used to change certain properties in concrete more effectively
TO reduce cost of concrete construction
To ensure quality of concrete during mixing , transporting , placing , and curing in adverse weather conditions
To overcome certain emergencies during concreting operations .

Seawater

Does not have adverse effect on the strength and durability of concrete but will cause

Surface dampness
Efflorescence
Staining
Risk of corrosion of steel
More rapid and early strength gain but 28-days strength will be lower i.e. 10-20 % ( can be compensated for by using a lower w/c ratio ) .

Why use clean water ?

Impurities in water ( large quantity of suspended solids , excessive amount of dissolved solids or salts , or appreciable amount of organic materials ) will

Affect setting
Affect strength
Cause staining on concrete surface
Cause corrosion of reinforcement
Drying shrinkage
Efflorescence
Acidic water affect setting and hardening of concrete , alkaline water > quick setting and low strengths .

Water ( FUnction )

Chemical reaction with cement and thuis causing it to set and harden
Lubricate the aggregates in concrete
Mixing , placing and compacting concrete
Washing aggregates
Curing

VEBE test

Test for low workability / drier mix
Slump test is carried out in cyclinder
Lowered glass plate to surface of slump
Switched on vibrating table
Record time taken ( in second ) for remoulding ( for concrete slump to take the shape of cylinder - when lower surface of the glass plate is fully covered with cement grout ) .

Compacting factor test

Test for drier concrete mix
compacting factor = weight of partially compactedc concrete / weight of fully compacted concrete .

Tests of workability

Do not measure individuals characteristic ( consistency , mobility and compactability )
Provide useful and practical guide on workability of mix
Workability affect cost - unworkable concrete mix require more labour and time for full compaction .
Workability test must be completed within 15 minutes
Sampling : Taken after 0.3m cube of the initial discharge of freash concrete .

Bleeding

Upward movement of water after concete have been consolidated , but before it has set .
Reduce by :

Increasing cement fineness or using pozzolans or other finely divided mineral ad mixtures
Increasing the rate of hydration of cement ( eg. use high - alkalis contents )
Through air entrainment
Reducing the water content

Segregation

A separation of components ( e.g. aggregates ) or fresh concrete , resuklting in a non-uniform mix
Contributed by :

Larger maximum particle size ( over 25mm ) and proportion of large particles
A high specific gravity of the coarse aggregate to compared to that of the fine aggregates
Changes in the particle shape way from smooth , well -rounded particles to odd shaped , rough particles
Mixes that are too wet or dry
Concrete allow to fall from greater high /

Can be avoid by

- Addition of little air entraining agent

All the operations like handling , placing and consolidation should be conducted carefully. Concrete should not allowed to fall from greater heights .

- Concrete mix should be properly designed and should not be added with water more than the desired amount .

Temperature

High temperature reduces workability and increase slump loss ( refer to time )

Time

Freshly mixed concrete stiffen with time slump loss
Water absorbed by aggregates , some lost by evaporation ( due to sun or wind ) and some removed by initial chemical reaction .

Fineness of cement

The finer the cement , more water is required
THe finer the cement , the lower workability
Much less important in determing workability than are the aggregate properties .

Admixture

Such as water - reduces or plasticisers improve workability
Used for 3 purposes :

To achieve higher strength by decreasing w/c ratio at the same worability as an admixture - free mix
To avhieve the same workability the decreasing cement content to reduce heat of hydration in mass concrete .
To increase workability to ease placing in inaccessible location .

Aggregates types and grading

A well graded aggregates with the largest particle size which will pass readily between around the reinforcement improves workability .
Irregular and angular shape with rough texture require more warter , therefore less workable then rounded aggregate .
Workability of concrete is mainly influenced by the total surface area of the aggregates . Workability decreases as the specific surface area increase .

water content

Water lubricates the content of mix
Higher w/c ratio , workability increase
However , too much water may result in high porosity , less strength

water / cement ratio = mass of water in a concrete sample / mass of cement in sample

Friday, December 16, 2011

Factors affecting workability

Water content
Properties of aggregates
Concrete mix
Properties of cement
The presence of admixture
Fineness of cement
Time
Temperature

Strength and density

Strength and concrete is affected by voids in compacted concrete .
Important to achieve full compaction in order to achieve high strength
Sufficient workability is important achieve full compaction ( eliminate air voids , therefore improve density , achieve higher strength ) .

Compactability

The ease with which a given mix can be fully compacted , all ( most of ) the trapped air being removed

Mobility

The ease which the mix can flow into and completely fill the formwork or mould

Consistency

Describe the state of fresh concrete
Measure of wetness or fludity
Wet concrete are more workable than dry concrete

What is workability

The ease with which a concrete mix can be handled from mixer to its compacted shape
The amo unt of mechanical work , or energy , required to produce full compaction of concrete without segregation .
3 main characteristics

Consistency
Mobility
Compactability

Recycled concrete

When used as a source of aggregfate for concrete , crushed concrete has in general lower strength and high water absorption characteristic than porimary aggregates .
This makes mix design more difficult
The proportion of cement paste in recycled concrete is much larger than in the original material , shrinkage and creep will be increase .
Too many recycled fines can produce a harsh and unworkable mixture
In crushing the concrete , it is difficult to control particle size distribution , meaning that the " aggregate " may fail to meet grading requirements .
The largest problems for reuse as concrete is that large variations in quality can be expected .
The use of construction waste should focus upon non-structural applications and those without demanding exposure requirements .

After removal of contaiminants through selective demolition , screening and / or air separation and size reduction in a crusher to aggregates sizes , crushed concrete can be used as :

- new concrete for pavements , shoulders , median barriers , sidewalks , curbs and gutters and bridge foundations

- Structural grade concrete ( technology developing and not widely used at the moment )

-Soil - cement pavements bases

-Lean - concrete or econo-crete bases and

- Bituminous concrete .

Recycled concrete used as aggregates / crusher run to provide an leveled surface for road pavements .

Main factor affecting the recycling are

The physical form of concrete can make handling and recycling difficult , especially if reinfoced .
Recycling concrete containing steel involve breaking up in-situ frames and then reducing columns and beams to more manageable size by large scissor action machines which cut through the concrete and steel .
Pure crushed concrete is normally contaiminated by brick and other waste which may not be acceptable for some application
Stock piling facilities are required , demand for the recyucles must be rouggly matches to supply of concrete waste ( location , time preference , road assess ) .

Finishing

Screeding

- Process involves striking of the excess concrete to bring the top surface to propert grade

Flotingh

- Irregularities left on the surface after screeding operation are removed by floating operation

-Any spots noticed are filled with extra concrete and work with float

Trowelling

- Final operation of finishing

-Operation is done after all the excess water from the surface has evaporated
For large works , power trowels may be used

Vibrating tables

Mouods are placed on the tables for vibration , widely used in precast concrete .

Surface vibrators

Effective only for depth about 20cm
Flat horizontal plate suitable for large surface eg, dam , pavements

External formwork vibrators

Necessary when reinforcement does not allow space for internal vibrators
Must be firmly fixed to formwork to produce shaking motion
Formwork must be rigit to transmit vibration without being damaged .

Types of vibrators

Internal vibrators or poker vibrators

High efficiency
Has direct contact with concrete
Should not be placed too close to formwork or reinforcement in order to obtain uniform appearance and not to spoil the form
To be inserted vertically
Avoid under vibration
Should avoid over vibration to prevent segregation

Method of compaction

Hand compaction

Roding , tamping or spade

Can be used easily for mix which has sufficient workability

Compaction by machine

By using vibrators

Needs for compaction

Consolidation of plastic concrete
Remove air voids to achive maximum density
Trapped air should not exceed 2 % when concrete is placed
1 % of entraped air cause a loss of about 5% strength
To ensure good contact between materials and reinforcing bars in RC

Placing of concrete 2

Concrete mix 1:2:3

Means the ratio of 1 part cement , 2 parts fine aggregates and 3 parts coarse aggregaes ( 3 commonly measured by weight but during mixing commonly by volume .

Precautions

Concreting should be continuously to avoid irregular and unsightly
Formwork should be oiled before concreting
While placing the concrete , the position of formwork and reinforcement should not be disturbed
Concrete should not be dropped from height > 1m
Avoid raining day
Thickness of concrete should not more than 30-45 cm for mass concrete and 15-30 cm for RC stuctures
Avoid walking on freshly concrete laid .
Concrete should be placed as near to its final position .

PLACING OF CONCRETE

Cooncrete should be placed and compacted before its setting starts
Methods used should be prevented from segregation
Before concreting , formworks shoulds thoroughly be checked for its stiffeners , required dimension s , and cleanliness
Surface of formwork should be soaked with water .

Saturday, July 23, 2011

Internet Earning Money

Tuesday, July 19, 2011

legal

In the event of land owner failed to pay quit rent;
The state authority may imposed implied conditions
The state authority may imposed express conditions
The land may be forfeited to the state and the state may imposed express conditions
The land may be surrendered to the state

‘’Land’’ includes : Based on the following definition of land found in the National Land Code 1965; house, swimming pool and air conditioners are the examples of;

The surface of the earth and all substances forming that surface
The earth below the surface and all substances therein
All vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface
All things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface

• Alienated to an individual for an unlimited period

• Market value is considered high

The two descriptions above refer to;

Leasehold land
Freehold land
Tenancy
Temporary occupation licence

ANS:B

May be responsible for developing and maintaining improvements. • May be required to engage in property planning. The above situations are referred to;
Duty of care for leasehold land
Duty of care for freehold land
Security of tenure for leasehold land
Security of tenure for freehold land

‘’The buyer becomes ill after eating a chocolate which has been exposed with other chemical, thus he can sue the seller for breach of the contract’’. The action of buyer shows that :
There is a ‘’privity of contract’’ exists between them
There is a ‘’collateral contract’’ exists between them
There is a ‘’conditional contract’’ exists between them
There is a ‘’contingent contract’’ exists between them

Under Consumer Protection Act 1999, any claim lodged with the Tribunal may include loss or damage of a consequential nature. The amount of claim shall
exceed RM25,000
not exceed RM25,000
be more than RM25,000 but not exceed RM100,000
be less than RM250,000

All information given are TRUE pertaining to land matter, EXCEPT;
Penang and Malacca adopt NLC (Penang & Malacca Titles) Act 1963 due to historical and political developments
Sabah and Sarawak adopt Sabah and Land Ordinance and Sarawak Land Code due to historical and political developments
Land is a state matter which is administered at the State level by the Director of Lands and Mines, assisted by the Collector of Land Revenue and the Land Administrator
Land is a state matter which is administered at the State level by the Director of Local Authority, assisted by the Collector of Land Revenue and the Registrar of Titles

ANS: D or C

Which is the suitable term to relate with the application for proposed development comprising 40 units terrace houses with each separate titles;
amalgamation
conversion
subdivision of land
partition of land

ANS:C

Which of the following is TRUE about Leasehold
Few limitations on transfer.
Unlimited right to subdivide and aggregate subject to town planning controls.
High level of duty of care defined in land legislation.
Duty of care following common law and as required by some Environment Protection Acts or its equivalent.

ANS:A

Which of the following is TRUE about trespass to goods
Assault – an intentional and direct act of the defendant which causes the plaintiff fear for his safety. A civil wrong as well as a criminal act.
Battery- an intentional and direct application (physically touch) of the defendant to plaintiff (by force) and without his consent.
False imprisonment – the plaintiff is unlawfully detained (against his will) by the defendant.
A wrongful and direct interference with goods that are in the possession of another -------ANS:D

Find the correct statement pertaining to several terms found in the National Land Code 1965;
Qualified titles are the forms of title under which lands are alienated after they have been surveyed whilst Final titles are yet to be surveyed.
Final titles are the forms of title under which lands are alienated before they have been surveyed whilst Qualified titles are yet to be surveyed.
Final titles are the final forms of title under which lands are alienated after they have been surveyed whilst Qualified titles are yet to be surveyed.
Qualified titles are the final forms of title under which lands are not alienated after they have been surveyed whilst Final titles are yet to be surveyed.

ANS:C

F.O.B contract only deals with one of the following characteristics:
The buyer meets all the handling and loading charges
The goods are at the seller’s risk
The goods are at the buyer’s risk
The property passes to the seller

Which one is FALSE about Breach of Duty?
The first step is normally for the court to assess
The second step is normally to assess
The standard of care required of the defendant would affect whether he has breached that standard
Standard of care – if it is in a professional capacity, the standard of care required is that of as expected of a reasonable professional in the defendant’s discipline in the situation

Malay Reserve Land is the best example of ;
Condition and restriction on title
Qualified title
Final title
Registry title

Which of the following statements is WRONG about private caveat?
Any person claiming title to the land or registrable interest may apply to have a private caveat lodged against the land
Operates with prohibitive effect against subsequent dealings (including exempt tenancy and lien) which are adverse to the interests or rights claimed by a caveator
Effective for 6 years only, subject to renewal
A means of protecting the interests of beneficiaries under a trust

..choose 1

ANS:A

Title X
Title Y
Title Z

Title evidenced by a Grant (geran) (for freehold land), or state lease (pajakan negeri)(for leasehold land
Title evidenced by a Mukim Lease, registered in the local Land Office (Pejabat Tanah Daerah/PTD)
Title issued to any of the individual parcels within a building which has been subdivided , including a strata title as defined in the Strata Title Act 1985

Select the TRUE combination from the above table

Title X - Final title
Title Y - Subsidiary Title
Title Z -Land Office Title
Title X -Registry title

Hiring, loan and delivery of goods for repair can be classified as:
resale
bailment
lien
insolvency

ANS:B

What is the right of chargee?
To discharge the charge after full payment of the loan, interest and all other monies secured by the charge
Can create second and subsequent charges over the same land
Can take possession of the land under charge when the chargor is in breach of agreements
Can keep buildings in proper repair

Refers as conveyance by which the proprietor of land grants to another person an interest in the land less than a freehold and less than that to which the lessor is himself entitled.

The above statement is referred to;

Freehold
Leasehold
Lease
Transfer

If the plaintiff is found to have contributed to (or be partly responsible for) his own injury, the damages recoverable by the plaintiff are to be reduced to such extent as the court thinks fair and equitable; ie the plaintiff may not be able to recover anything"

Under Law of Tort, the statement above is very close to

Quantum of Loss
Contributory negligence
Professional negligence
Causation

ANS:C

’The buyer becomes ill after eating a chocolate which has been exposed with other chemical, thus he can sue the seller for breach of the contract’’. The action of buyer shows that :
There is a ‘’privity of contract’’ exists between them
There is a ‘’collateral contract’’ exists between them
There is a ‘’conditional contract’’ exists between them
There is a ‘’contingent contract’’ exists between them-----------------------ANS: D or A

Find the correct statement pertaining to several terms found in the National Land Code 1965;

Qualified titles are the forms of title under which lands are alienated after they have been surveyed whilst Final titles are yet to be surveyed.

Final titles are the forms of title under which lands are alienated before they have been surveyed whilst Qualified titles are yet to be surveyed.

Final titles are the final forms of title under which lands are alienated after they have been surveyed whilst Qualified titles are yet to be surveyed.

Qualified titles are the final forms of title under which lands are not alienated after they have been surveyed whilst Final titles are yet to be surveyed.

choose 1

“Take place when a landowner applies to the state authority to ‘alter’ his present category of land use” is referred to;
Amalgamation
Subdivision
Conversion
Partition

ANS:A

According to the section 5 of the N.L.C, one of the criteria of land may include all things attached to the earth, or permanently fastened to anything attached to the earth , whether on or below the surface, thus it means that an item may be:
Fixture or chattel
Frixture or chattel
Fixture or chattle
Ficture or chattel

ANS:A

The action of using land for mining activity without permission can be accurately regarded as :
Temporary occupation license
Trespasser
Squatterer
Restriction interest

ANS: TEMPORARY OCCUPATION LICENSE

ANS:C,A,and B

Malay Reserve Land is the best example of ;
Condition and restriction on title
Qualified title
Final title
Registry title

ANS: A OR D

What is tenancy?
Land which has been alienated to an individual for a term of years
A letting of land for a term not exceeding 3 years, subject to renewal
A permission of a temporary nature; granted by the State Authority for some restricted and permitted purpose
Adverse possession of land (without any rights in land)

ANS: B AND C

Defamation is the defendant says or writes something which lowers the plaintiff’s reputation in the eyes of right-thinking members of the society generally. There are two forms of defamation. What are they?
Libel and Slander
Libel and Splinter
Bible and Splinter
Label and Slumber

ANS:A

Breach by the buyer may be considered as follow EXCEPT:
Failure of buyer to take delivery
Failure of buyer to accept goods
Failure of buyer to pay for goods
Failure of buyer to return the goods

choose correct

ANS:A AND D

Take place when a landowner applies to the state authority to ‘alter’ his present category of land use” is referred to;
Amalgamation
Subdivision
Conversion
Partition

ANS:C

more than one ans

What is the duties of chargor ?

-To pay loan and interest
-Entitled to discharge the charge if all sums secured under the charge have been repaid
-To keep the issue document of title or the duplicate lease
-To discharge the charge after full payment of the loan, interest and all other monies secured by the charge

ANS:1 and 2

ANS:C

Defamation

The defendant says or writes something which lowers the plaintif's reputation in the eyes of right-thinking members of the society generallly . There are two forms of defamation :

(i) Libel - Defamation in a permanent form such as writing , printing and painting .
(ii) Slander - defamation in the form of oral statement .

Trespass to Goods

Direct physical interference with another's possession of goods without lawful justification . There are two forms of trespass to goods .

(i) Detinue-wrongful retention of goods , e.g. Jane borrowed Mary's dress to go to a party but later she refused to return it to Mary .

(ii) Conversion - dealing with another person's goods in a manner which is inconsistent with the rights of the true owner . E.g. Jane now sells Mary's dress to lucy

Trespass to Land

Unauthorised entry into ( or use of ) someone's land ( or premises ) , including under or over the land .

Breach of duty

The second step is to assess whether the duty of care was breached .
Standard of care - in a professional or non-professional capacity :

-if it is in a professional capacity , the standard of care required is that of as expected of a reasonable professional in the defendant's discipline in the situation .
-If it is in a non-professional capacity , the standard of care required is that of as expected of an ordinary reasonable man in the situation .

The standard of care required of the defendant would affect whether he has breached that standard
Case : A doctor did not enquire into or test for allergies toward the drug penicillin ( antibiotics ) before administering the drug to his patient . The patient had a fatal reaction to the drug . The doctor was found to be professionally negligent in the discharge of his duties ( chin keow v. Government of Malaysia and Anor (1967 ) 2 MLJ 45 )
Question : Can a defendant refute negligence claim based on 'inevitable accident ?

Answer : 'Inevitable accident ' is something which the defendant could not possibly prevent by the exercise of reasonable care , caution and skill .

Duty of care

The first step is normally for the court to assess whether the defendant owed a duty of care to the plaintiff , and whether the defendant could reasonably foresee that his acts ( or omissions ) would have an effect on the plaintiff .
The test : 'neighbour principle ' as stated by Lord Atkin in Donoghue v. Stevenson , ( i.e. foresight of the reasonable man ) . It was held that the manufacturer of the ginger beer was found to be engligent towards the consumer of its product because it could foresee that anything inserted in the bottle with the drink would be found by the consumer .

Private caveat

An person claiming title to the land or registrable interest may apply to have a private caveat lodged against the land .
The private caveat operates with prohibitive effect against subsequent dealings ( including exempt tenancy and lien ) which are adverse to the interest or rights claimed by a caveator .
Effective for 6 years only , subject to renewal .

Caveat - Restraints on Dealing (NLC Provides 2 types of restraint on dealings in land ) Caveat

Caveat ( latin : beware ) is a notice entered in a register to warm people that they must not do something without first informing the person who makes the caveat .

Lien

Lien is a lender's ( creditor's ) right to hold property of the borrower ( debtor ) until the debt is paid .
A statutory lien may be created only by a propretor or lessee of land depositing the issue document of title or the duplicate lease with the lender as security for a loan . The lender must then apply for the entry of a lien-holder's caveat , and then he becomes entitled to a lien over the land or lease only upon the entry of such caveat . A lien is not registered in the issue document of title , but it is endorsed int he register document of title at Registry or Land Office by entry of a lien-holder's caveat .
Lien as a method of taking security is usually used when the loan is short term , or as a 'collateral' security .
A lien is terminated by the withdrawal of caveat , and the return of the issue document of title upon payment of the debt and interest .
NLC provides that the remedy given to the lien-holder is to apply to the court for an order for the sale of the land or lease ( even if the debt itself is barred by limitation law ) .

Tenancy

A letting of land for a term not exceeding three years .
A tenancy is not an interest capable of registration ( threfore it is called 'tenancy exempt from registration )
The 3 essential characteristics

(i) The tenant is given the right to exclusive possesson of the demised premises .
(ii) The parties must have intended to create a tenancy and not a license .
(iii) A tenancy must be granted for a definite period ( or a period capable of being ascertained ) .

Easement

An easement is a right granted by a proprietor of the servient land to the proprietor of the dominant land for the beneficial enjoyment of the latter's land .
An easement can only arise by way of express grant and will give rise to a legal interest in the land .
Generally there are 2 categories of easement .

(i) Negative easement - requires the proprietor of the servient land to abstain from doing something which would interfere with the enjoyment of the dominant land , e.g. not to build on a specified part of his land to preserve the right of access to the dominant land .

(ii) 'Positive easement - allows the proprietor of the dominant land to do something in , over or upon the servient land , e.g. having a right to lay soemthing in , over or upon the servient land , e.g. having a right to lay pipes over the servient land so as to convey water or gas .

Duties of Chargee

To discharge the charge after full payment of the loan , interest and all other monies secured by the charge .

Rights of Chargee

He has the right to force a sale on the land under charge to recover the monies due to him ( only by court order ) , or in the event of a breach agreement by the charger .
He may take possession of the land under charge when the chargor is in breach of agreements .
He may transfer the charge to a new chargee
He has the right to keep the issue document of title or the duplicate lease .
He has the right to tack .i.e. further advances by the chargee to the chargor may be tacked on to and secured by a charge registered by the chargor in favour of the chargee .

Duties of Chargor

To pay loan and interest
To pay rents , rates , taxes etc
To observe all conditions of land use
To observe provisions of lease ( if leasehold ) and pay rents
To keep buildings in proper repair .
To insure buildings .
To give chargee the right of entry for inspection and to remedy any breach .

Right of chargor

he may sell or transfer the land
He may grant a lease , sublease or exempt tenancy over the land
He may create second and subsequent charges over the same land .
he is entitled to discharge the charge if all sums secured under the charge have been repaid .

Lease

A letting of land for a term exceeding 3 years ( >1 year for Sabah and Sarawak -a 'sublease') and not exceeding 99 years .
An interest capable of registration .
A lease is an interest in land granted by the lessor ( whether he is the owner of the land or not , to a lessee for a certain period ( Lessor > lessee )
A lease can be transmitted and is binding on the lessor's successors.

Surrender and Re-alienation

This is a method employed by some State goverments to expedite the 'multiple' processes of conversion , amalgamation and subdivision .
This is achieved by the owner first surrendering the lots to the State , which immediately re-alienate in the land according to the approved layout .
The time and effort normally associated with these processes are greatly reduced .
An example of a development which benefits from 'surrender and re-alienation ' is a sizeable housing project comprising terrace houses to be developed on 'agriculture' land which is made up of several contiguous lots .

Amalgamation of Lands

Amalgamation means when two or more contiguous lots of alienated land are 'combined' into one and to be held under a sigle title .
An example of development which requires amalgamation of two or more contiguos lots is where a proposed building or complex straddless these contiguous lots .

Partition of Land

Any alienated land which is held by two or more persons as co-proprietors may be partitioned so as to vest in each of them , under a separate title , a portion of the land of an area proportionate to his undivided share in the whole .
Normally no surrender of land is required .

Subdivision of Land

When a parcel of an alienated land is said to be subdivided , the parcel is 'cut' into two or more lots - each lot is issued with an individual title .
This will normally involve surrender of a portion of the land for public use , e.g. public roads . ( Each parcel of land shall be accessible from a public road )
Usually approval of the planning authority will be required prior to the approval of subdivision . (Example : application for the subdivision of a single lot of 5 acres for a proposed development comprising 40 units terrace houses , each with its separate title ) .

Conversion

Application for conversion must be made when the proposed development on the land represents a change of use from the existing land use category .
Example : Proposed residential development on ' agriculture ' land ; proposed commercial development on 'industrial' land .

Quit Rent

land may only be alienated by the State in consideration of the payment of an annual rent - which is referred to as 'quit rent ' ( cukai tanah ) .
Quit rent is subject to periodic revision by the State .
If the land owner fails to pay quit rents in arrears , the land may be forfeited to the State .

Express condition

(i) Section 121 - The State Authority may also impose express conditions on 'agriculture' land relating to the type of crops to be cultivated or prohibited ; the dates of harvesting ; and the maximum area to be occupied by buildings .

(ii) Section 122 - Express conditions on 'building' and 'industry' land may include the plinth ratio ; the design and material of construction ; the date of commencement and completion of building ; and the usage of the building .

Condition of Land Use

Section 52 of NLC states that there shall be three categoris of land use , to be known respectively as ' Agriculture ', Building' and 'Industry' . The conditions in land use are as follows :

Implied conditions

(i) Section 115 - Where any alienated land is subject to the category 'Agriculture .' some of the implied conditions are :

No building shall be erected within 2 years of alienation for one or more of the following purposes : residential , administrative or commercial , passenger transport , exhibition , retailing , services , educational , medical , sanitary , welfare , entertainment , recreation , etc .
No part of the land shall be used for agriculture or industries
The building thereon to be continuously maintained
No demolition , alteration or extension without the prior consent from the Authority .

(iii) Section 117 - Where any alienated land is subject to the category ' Industry' , some of the implied condition are

It shall be used only for industrial purposes , i.e. for factories , workshops foundries , warehouses , docks jetties , railways , etc.
The industry shall commence within 3 years of alienation
No demolition , alteration or extension without prior consent from the Authority .

Qualified Title ( Hakmilik Sementara /H.S. )

Qualified title means title issued in advance of survey .
The purpose of a qualified title are :

(i) to enable the land to be alienated in advance of survey .
(ii) to enable title to be issued in advance of survey to the individual portions of the land being subdivided or the combined area of the land being amalgamated .

Qualified title confers upon its holder similar rights in every respect as those conferred by a final title , except that :

(i) the boundaries of the land shown on the document of title shall be provisional only ( except so far as nay of them may have been established by any earlier survey )
(ii) the land shall not be capable of being subdivided or partitioned , or included in any amalgamation , nor shall any building thereon be caable of being subdivisions .

Final Title

Final title is a final form of title under which the land is alienated after it has been surveyed by the Director of Survey and Mapping ( under the provision of Section 396 ) .
Final title includes all forms of title ( i.e. Registry title , Land Office title and subsidieary title ) . except qualified title .
Registry title means title evidenced by a Grant ( geran )(for freehold land ) , or State Lease ( Pajakan negeri ) (for leasehold land ) . Both are registered in the Land Registry at the State Land Office ( Pejabat Tanah dan Galian /PTG )
Land Office title means title evidenced by a Mukim Grant or Mukim Lease , registered in the local Land Office ( Pejabat Tanah Daerah / PTD )
Subsidiary title means title issued to any of the individual parcels within a building which has been subdivided , including a strate title as defined in the Strate Titles Act 1985 .

Squatter Rights

Adverse possession of land ( without any rights in land )

Temporary Occupation Licence

Occupant is given permission to use land for certain activity e.g. mining .
The licence does not confer ownership rights to land and the occupant must leave after completion of the permitted activity .

Tenancy

A letting of land for a term not exceeding 3 years , subject to renewal .
A tenancy is not a right capable of registration , hence not a title .

Leasehold Land

State land which has been alienated to an individual for a term of years ( not exceeding 99 years ) .
Upon expiry of the period of the lease , the land should revert to the State , subject to renewal .
The market value of a parcel of land held under a leasehold titte will normally be lower than that of freehold title , especially where a substantial period of the duration of the lease has expired .

Freehold Land

State land which has been alienated to an individual for an indefinite period .
A freehold title will normally command a better market value as compared to land tenure for a fixed term of years .

Alienation of Land

'Alienation' - the disposal of State land in perpetuity ( for an indefinite period ) , or for a term of years in consideration of the payment of rent .

Section 40 of NLC provides that all State land belongs to the State .

Land Administration System

Under NLC , the Australian Torrens system of title registration is applied , meaning that all dealings in land must be registered under the registering authority , i.e. the Registrar of Titles or Land Administrator - in order to be effective .

All land titles are in duplicate : the master copy ( register document of title kept in Land Office ) and the personal Copy ( Issue Document of Title )

Conclusiveness of register documents of titles
-Effects of registration are 'indefeasible' - to defeat all prior unregistered claims . Therefore the registered owner of a title will be free from all outside claims to ownership that is not recorded in the Register Document of Title or the Issue Document of Title . (Exceptions to indefeasiblility are cases of fraud or misrepresentation , forgery , or unlawful acquisition of title )