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1a-Group Assignment Questions

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14 views3 pages

1a-Group Assignment Questions

assignment

Uploaded by

Alan Wong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UNIVERSITI TUNKU ABDUL RAHMAN

ACADEMIC YEAR 2024/2025

JUNE 2024 TRIMESTER

CONTINUOUS ASSESSMENT

UKML1053 BUSINESS LAW

BACHELOR OF ACCOUNTING (HONOURS)

GROUP ASSIGNMENT QUESTIONS

Date of Submission : Monday, 19th August 2024 by 10.00 a.m.


Marks : 60 marks (to be converted to 24%)
Contribution : 24% of total Continuous Assessment marks

General Instructions for preparation of Assignment:

Students are to refer to pages 4-5 of the Course Plan for the general instructions.

QUESTION

Write up on related issues or problems in Business Law

Having studied Business Law for the past few weeks, you might have come to realize that
Business Law affects businessmen in day-to-day transactions. However, the law may
sometimes yield unsatisfactory results, which may appear to be unfair or unethical to the
affected parties.

Reflect on any SIX (6) legal issues pertaining to the law of contract, agency and partnership.
Based on the current laws, discuss how any party or parties may improve their business
practices in order to achieve a “fairer” and “ethical” solution in these legal scenarios.

Requirements:

a. Identify any SIX (6) issues or problems pertaining to Business Law. The issues should
come from the topics of the law of contract (4 issues), Agency (1 issue) and Partnership (1
issue).

b. For each issue:


i. Explain the issue.
ii. Describe the relevant supporting authorities, i.e., any relevant statutory provisions, case
law or other legal sources.
iii. Discuss how the supporting authorities yield unfair or unethical results to the affected
parties.
iv. Discuss the steps that any party or parties may take in order to improve their business
practices and to achieve a fairer or more ethical solution.

This Group Assignment paper consists of 1 question on 3 printed pages.


2

UKML1053 BUSINESS LAW

c. Estimated length of the write-up on each issue: 0.75 to 1.5 pages.

d. For each issue, use single spacing, Times News Roman 12, and divide the write-up into
different paragraphs.

e. A sample write-up of one issue/problem is attached for students' reference.

Marking Criteria:

No. Marking Criteria (for each issue) Marks

1. Explain the issue. 1 mark

2. Describe the relevant supporting authorities, i.e., any relevant 4 marks


statutory provisions, case law or other legal sources.

3. Discuss how the supporting authorities yield unfair or unethical results 3 marks
to the affected parties.

4. Elaborate on the steps that any party or parties may take in order to 2 marks
improve their business practices and to achieve a fairer or more ethical
solution.

Total marks for each issue 10 marks

Total marks for the Question (10 marks x 6 issues) 60 marks

[Total: 60 marks]

Sample write-up

Our group wishes to discuss the following SIX (6) legal issues pertaining to the law of contract,
agency and partnership

(1) Mediation as an alternative dispute resolution

The issue

When parties have a dispute arising out of their contract, they usually litigate the matter in
court. However, court action can be expensive and the cost can exceed the amount in dispute.
Thus, the issue is whether mediation is viable as an alternative dispute resolution method.

This Group Assignment paper consists of 1 question on 3 printed pages.


3

UKML1053 BUSINESS LAW

The supporting authorities

Mediation Act 2012 defines “mediation” as a voluntary process in which a mediator facilitates
communication and negotiation between parties, in order to assist the parties in reaching an
agreement regarding a dispute. Mediation may be carried out through court assisted mediation
or through mediation centres.

Court-Assisted Mediation: If parties agree, a mediation can be conducted by the Judge. The
procedure is informal and in a manner acceptable to both parties. If successful, a consent
judgment shall be recorded by the Judge, containing all terms as agreed by the parties.
Mediation through Mediation centres: There are a few - Asian International Arbitration Centre
(AIAC), Malaysian Mediation Centre (MMC) and Kuala Lumpur Regional Centre for
Arbitration (KLRCA)

A person may only initiate the Mediation process by sending to the person with whom he has
a dispute a written invitation regarding the mediation which specifies the matter in dispute. The
parties in mediation shall enter into a mediation agreement in writing, which terms and
conditions include the agreement to submit the matter to mediation, the appointment of the
mediator, the cost to be borne by the parties and other terms which the parties deem appropriate.
Mediation must be privately conducted either with the parties together or separately. Parties
may choose any non-party to participate, subject to the consent of the mediator.

Mediation tends to be cheaper than litigation, it avoids the adversarial style that increases the
length and cost of reaching a settlement. Parties play a more active role in mediation, hence
they experience greater self-efficacy, self-empowerment and control. They also have the
opportunity to state their concerns and be heard in a manner not available through litigation.

Unfair or unethical results to the affected parties

However, Mediation is not compulsory in Malaysia. The mediation process must be initiated
by a party, and the other party must agree to this mediation process. Further, the mediator has
no power to give a final and binding decision.

Thus, it is unfair to the party that wishes to settle the dispute without going to litigation, as he
cannot compel the other party to agree to this mediation process, and he is unable to enforce
the mediator’s decision as it is not binding.

Meanwhile, even if the opposing party agrees to mediation, the dispute may drag on
inconclusively. In fact, the mediation process can be abused as a form of delaying tactic,
especially if the parties are not motivated to settle in the first place

Steps that any party or parties may take

Parties to a contract may insert an “arbitration or mediation” clause into their contract. Once
arbitration or mediation is made compulsory, the parties may not file any legal action until the
arbitration or mediation process is over.

Further, parties may insert a term in their contract in which they undertake to observe by all
decisions of the arbitrator/mediator.

This Group Assignment paper consists of 1 question on 3 printed pages.

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