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
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.
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
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
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: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

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
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



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
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
‘’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
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

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
ANS:C

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