Our exam is 2 weeks away from now, so wish you all the best in exam and remember, there is nothing to worry about. If you have not revised your studies, do them now and start practising past year questions to gain the confidence. If you have been revising consistently, good, now you can have some time to relax and continue doing some questions when you feel like doing them.
Finally, remember one thing, always study smart and not study hard, good luck, may god bless us to score good marks :D
Monday, May 23, 2011
Thursday, May 19, 2011
F4 MYS - Remedies for breach of contract
You will be expected to be able to suggest the most suitable remedies in the given scenario and explain why you choose it. Contract Act 1950 provides two types of remedies: damages and rescission while Specific Relief Act 1950 provides two equitable remedies: specific performance and injunction.
Damages
This means the compensation for losses suffered. It will normally be given by the court if the innocent party can prove that he suffered natural loss (loss which is connected to the breach of contract) or if the loss is foreseeable by the wrong party. Substantial damages will be given to compensate most of the loss suffered by innocent party, but if the innocent party suffered little or no loss, then nominal damages (small amount of money) will be given to innocent party. In certain circumstances, exemplary damages may be given in addition to substantial/nominal damages by the court to penalise the wrong party even if no loss has been suffered by innocent party.
In summary, use damages only if the innocent party suffered actual losses or losses which are foreseeable by the wrong party.
Rescission
This means to end the contract and both party returns to original position before contract. In this case, whatever benefit that the innocent party received must be returned to the wrong party and wrong party must do so as well.
Rescission is suitable if the contract is not so important for the innocent party.
Specific performance
This is a discretionary order by the court to request the wrong party to continue performing the contract. Since it is discretionary, court will not always order it as court will have to supervise the performance by the wrong party if order is made. Normal situations that court will order specific performance include:
1. Money is not enough to compensate the innocent party.
2. The amount of actual damage is difficult to ascertain.
3. Court will presume that breach of contract to transfer immovable property cannot be adequately compensated by money.
However court will not grant specific performance if money is enough to compensate the innocent party or it requires a lot of time from the court to follow-up the performance by the wrong party.
In summary, apply for specific performance if the innocent party wishes the performance of the contract to be completed and that money will not be sufficient to compensate the innocent party for non-performance of the contract. A good example will be when the contract is about some rare items or good prices.
Injunction
This is a preventive relief granted again at the court's discretion, this will prevent the wrong party from continuing the performance which will breach the contract. There are two types of injunctions:
1. Temporary injunction - court will grant this when there is no sufficient evidence to confirm that the wrong party's action will breach the contract.
2. Perpetual injunction - court will grant this when it is confirmed that if the wrong party continues the action, he will breach the contract.
In summary, injunction is suitable when the innocent party finds out that the wrong party is going to breach the contract which is important for the innocent party.
Example: Chicken enters into a contract with Duck to sell 100 chickens at RM250 and deliver to Duck in one week time. Duck paid RM50 to Chicken as initial payment and will pay the rest upon receiving the chickens. However as the inflation rate rose, Chicken refuses to perform the contract (RM50 is not returned to Duck) on the ground that RM250 is too less and should be RM400, then requiring Duck to pay RM350. Duck believes that Chicken has breached that contract and he knew there is something wrong with the conduct of Chicken, so he seeks your advice of which remedy is best in this case.
Tips: Damages is not suitable as Duck has not suffered any loss so far, Duck wants the price to be RM250 so rescission is again not suitable. Injunction is only useful if the contract is not yet breached.
Solution:
The issue here is whether Duck can compel Chicken to sell the chickens at RM250 by obtaining the order of specific performance.
According to Specific Relief Act 1950, specific performance is a discretionary court order requiring the party who breached the contract to perform his obligation under the contract. However, court will not grant the specific performance if money is enough to compensate the plaintiff's loss or if it can create great burden to the court, probably requiring long supervision period of following up the performance by the defendant. Court may grant the order if money is not enough to compensate the loss suffered.
In this case, since Duck has not suffered any losses (the RM50 is not considered as loss), damages is not a good remedy to go for. Compelling Chicken to sell 100 chickens at RM250 to Duck is not a complex issue, so it is quite probable that it does not create burden to the court.
In conclusion, Duck is advised that he has a good chance of obtaining the order of specific performance and so he may be able to get the price of RM250 from Chicken, then he will only need to pay another RM200.
The above is a very easy question, so you can easily identify the suitable remedy, however when you face some more difficult scenarios, always think what remedy will benefit the innocent party the most.
Damages
This means the compensation for losses suffered. It will normally be given by the court if the innocent party can prove that he suffered natural loss (loss which is connected to the breach of contract) or if the loss is foreseeable by the wrong party. Substantial damages will be given to compensate most of the loss suffered by innocent party, but if the innocent party suffered little or no loss, then nominal damages (small amount of money) will be given to innocent party. In certain circumstances, exemplary damages may be given in addition to substantial/nominal damages by the court to penalise the wrong party even if no loss has been suffered by innocent party.
In summary, use damages only if the innocent party suffered actual losses or losses which are foreseeable by the wrong party.
Rescission
This means to end the contract and both party returns to original position before contract. In this case, whatever benefit that the innocent party received must be returned to the wrong party and wrong party must do so as well.
Rescission is suitable if the contract is not so important for the innocent party.
Specific performance
This is a discretionary order by the court to request the wrong party to continue performing the contract. Since it is discretionary, court will not always order it as court will have to supervise the performance by the wrong party if order is made. Normal situations that court will order specific performance include:
1. Money is not enough to compensate the innocent party.
2. The amount of actual damage is difficult to ascertain.
3. Court will presume that breach of contract to transfer immovable property cannot be adequately compensated by money.
However court will not grant specific performance if money is enough to compensate the innocent party or it requires a lot of time from the court to follow-up the performance by the wrong party.
In summary, apply for specific performance if the innocent party wishes the performance of the contract to be completed and that money will not be sufficient to compensate the innocent party for non-performance of the contract. A good example will be when the contract is about some rare items or good prices.
Injunction
This is a preventive relief granted again at the court's discretion, this will prevent the wrong party from continuing the performance which will breach the contract. There are two types of injunctions:
1. Temporary injunction - court will grant this when there is no sufficient evidence to confirm that the wrong party's action will breach the contract.
2. Perpetual injunction - court will grant this when it is confirmed that if the wrong party continues the action, he will breach the contract.
In summary, injunction is suitable when the innocent party finds out that the wrong party is going to breach the contract which is important for the innocent party.
Example: Chicken enters into a contract with Duck to sell 100 chickens at RM250 and deliver to Duck in one week time. Duck paid RM50 to Chicken as initial payment and will pay the rest upon receiving the chickens. However as the inflation rate rose, Chicken refuses to perform the contract (RM50 is not returned to Duck) on the ground that RM250 is too less and should be RM400, then requiring Duck to pay RM350. Duck believes that Chicken has breached that contract and he knew there is something wrong with the conduct of Chicken, so he seeks your advice of which remedy is best in this case.
Tips: Damages is not suitable as Duck has not suffered any loss so far, Duck wants the price to be RM250 so rescission is again not suitable. Injunction is only useful if the contract is not yet breached.
Solution:
The issue here is whether Duck can compel Chicken to sell the chickens at RM250 by obtaining the order of specific performance.
According to Specific Relief Act 1950, specific performance is a discretionary court order requiring the party who breached the contract to perform his obligation under the contract. However, court will not grant the specific performance if money is enough to compensate the plaintiff's loss or if it can create great burden to the court, probably requiring long supervision period of following up the performance by the defendant. Court may grant the order if money is not enough to compensate the loss suffered.
In this case, since Duck has not suffered any losses (the RM50 is not considered as loss), damages is not a good remedy to go for. Compelling Chicken to sell 100 chickens at RM250 to Duck is not a complex issue, so it is quite probable that it does not create burden to the court.
In conclusion, Duck is advised that he has a good chance of obtaining the order of specific performance and so he may be able to get the price of RM250 from Chicken, then he will only need to pay another RM200.
The above is a very easy question, so you can easily identify the suitable remedy, however when you face some more difficult scenarios, always think what remedy will benefit the innocent party the most.
Monday, May 16, 2011
Guidance for T9 MYS - Taxable gratuity
Gratuity is simply a lump-sum cash received by the tax payer due to retirement. Gratuity is exempted under certain circumstances, but here we will look at what if the gratuity is taxable, how much it will be taxed in a YA. Gratuity is assessed under S13(1)(a).
To determine the taxable gratuity amount for a YA, you must first look at period of first day working to first day of last basis period.
1. If the period is more than 5 years - gratuity received will be spread back 6 YA.
2. If the period is not more than 5 years - gratuity received will be spread even throughout the employment period (first day working to last day working).
Example: On 31.10.10, Ali who is 49 years old, received gratuity of RM88500 on his retirement, calculate the gratuity to be taxed in YA 2010 if:
(i) Ali worked with his employer since 30.11.03
(ii) Ali worked with his employer since 1.12.05
Solution:
(i) First day working to first day of last basis period = 30.11.03 - 1.1.10 = more than 5 years.
Gratuity is spread back 6 YA, so RM88500/6 = RM14750.
Gratuity taxable in YA 2010 = RM14750.
(ii) First day working to first day of last basis period = 1.12.05 - 1.1.10 = less than 5 years.
Gratuity is spread evenly throughout employment period, employment period = 1.12.05 - 31.10.10 = 59 months. Therefore, RM88500/59 = RM1500 per month.
Gratuity taxable in YA 2010 = RM1500 x 10 = RM15000 (gratuity taxable in YA 2009 = RM1500 x 12 = RM18000).
Gratuity is quite straightforward topic and it is highly examinable in June 2011 as part of question 1 in section B, understand the rule and learn to apply it by looking at this example.
To determine the taxable gratuity amount for a YA, you must first look at period of first day working to first day of last basis period.
1. If the period is more than 5 years - gratuity received will be spread back 6 YA.
2. If the period is not more than 5 years - gratuity received will be spread even throughout the employment period (first day working to last day working).
Example: On 31.10.10, Ali who is 49 years old, received gratuity of RM88500 on his retirement, calculate the gratuity to be taxed in YA 2010 if:
(i) Ali worked with his employer since 30.11.03
(ii) Ali worked with his employer since 1.12.05
Solution:
(i) First day working to first day of last basis period = 30.11.03 - 1.1.10 = more than 5 years.
Gratuity is spread back 6 YA, so RM88500/6 = RM14750.
Gratuity taxable in YA 2010 = RM14750.
(ii) First day working to first day of last basis period = 1.12.05 - 1.1.10 = less than 5 years.
Gratuity is spread evenly throughout employment period, employment period = 1.12.05 - 31.10.10 = 59 months. Therefore, RM88500/59 = RM1500 per month.
Gratuity taxable in YA 2010 = RM1500 x 10 = RM15000 (gratuity taxable in YA 2009 = RM1500 x 12 = RM18000).
Gratuity is quite straightforward topic and it is highly examinable in June 2011 as part of question 1 in section B, understand the rule and learn to apply it by looking at this example.
Monday, May 2, 2011
Guidance to law of contract for F4 MYS
The purpose of this article is not to cover the whole contract law, obviously, but to give a guidance on how to apply the contract knowledge to the application-based question since that is one of the problem areas.
Studying law of contract
This should not have any problem because the things listed in Contract Act 1950 are quite straightforward and there are many cases to illustrate the points. However it is a big topic and it requires a time of at least 2 days to cover the whole contract law relevant to F4 syllabus. What you have to focus is to understand everything, for example in consideration, you know that it is a price that one party (A) paid to another party (B) in order to secure the promise, this promise is made by B and A wants that promise to be legally recognised, therefore he will have to give consideration. You have to strengthen your understanding on the concepts before you are able to tackle the application-based question.
Law of contract covered in F4 MYS
Basically your contract knowledge must cover:
(a) Essential elements of contract.
(b) Terms of the contract including exclusion clause.
(c) Breach of contract and the remedies available including the one provided under Specific Relief Act 1950.
What to write
In the application-based question, you have to write the relevant laws based on the scenario. An example is as follow:
Ali sends a letter to Bali on 30.4.2011 to make offer to buy a car, the letter reached Bali on 1.4.2011. Bali immediately send a letter of acceptance on that day but then Bali received a letter from Ali on 2.4.2011 saying that Bali is an April fool and that the offer is just to trick. Bali wishes to know whether there is a valid contract.
Tips: In this question, immediately you should know that acceptance is being tested (knowing what is being tested is essential, by looking at the story of some cases, you may be familiar). This is an easy question but when you faced a harder question, you should put yourself in the scenario and think what rules apply.
Answer:
The issue here is whether the revocation by Ali is valid.
According to Contract Act 1950, acceptance is when one party who is being offered by another party signifies his assent to the offer. The communication of the acceptance must be complete before the offer is regarded as accepted. Generally there are two ways to complete the communication, either instant (by telephone, orally agree) or by postal.
For the instant method, the communication of acceptance is complete when the promisor hears about the acceptance from the promisee. In postal rule, the acceptance is complete at the moment when promisee posts the letter, revocation received after that time is void, the communication of the acceptance will be completed when the promisor received the letter, then both party is binding to the contract.
In this case, Ali's revocation is received by Bali on 2.4.2011 but the letter of acceptance is sent on 1.4.2011, ie. the date the acceptance is complete. Therefore, Ali's revocation is not valid as he is bound by the agreement at 1.4.2011.
In conclusion, Bali is advised that the agreement will complete when the letter of acceptance reached Ali and both party is bound to the contract thereafter.
The length of answer depends on how much marks the examiner will give, this answer should worth around 6-8 marks, you should always think that at least 1 point is needed for 1 mark. The important points and explanations must be there in order to get good marks in exam.
Cases
There are a number of cases in contract law, it is quite useful to remember some of them because quoting case in the answer of the question can really help you to gain about 1 mark. You only need to remember the case name, not the story, so try to remember some easy names such as Fisher v Bell, Felthouse v Bindley, Hyde v Wrench and so on, although the more you remember, the more you are in an advantage.
Conclusion
Law of contract is actually an interesting topic, I will suggest you not to remember the section numbers if you have tried because there will be no mark given for section numbers. Understand the rules, the deepest the understanding, the more question you can answer.
Studying law of contract
This should not have any problem because the things listed in Contract Act 1950 are quite straightforward and there are many cases to illustrate the points. However it is a big topic and it requires a time of at least 2 days to cover the whole contract law relevant to F4 syllabus. What you have to focus is to understand everything, for example in consideration, you know that it is a price that one party (A) paid to another party (B) in order to secure the promise, this promise is made by B and A wants that promise to be legally recognised, therefore he will have to give consideration. You have to strengthen your understanding on the concepts before you are able to tackle the application-based question.
Law of contract covered in F4 MYS
Basically your contract knowledge must cover:
(a) Essential elements of contract.
(b) Terms of the contract including exclusion clause.
(c) Breach of contract and the remedies available including the one provided under Specific Relief Act 1950.
What to write
In the application-based question, you have to write the relevant laws based on the scenario. An example is as follow:
Ali sends a letter to Bali on 30.4.2011 to make offer to buy a car, the letter reached Bali on 1.4.2011. Bali immediately send a letter of acceptance on that day but then Bali received a letter from Ali on 2.4.2011 saying that Bali is an April fool and that the offer is just to trick. Bali wishes to know whether there is a valid contract.
Tips: In this question, immediately you should know that acceptance is being tested (knowing what is being tested is essential, by looking at the story of some cases, you may be familiar). This is an easy question but when you faced a harder question, you should put yourself in the scenario and think what rules apply.
Answer:
The issue here is whether the revocation by Ali is valid.
According to Contract Act 1950, acceptance is when one party who is being offered by another party signifies his assent to the offer. The communication of the acceptance must be complete before the offer is regarded as accepted. Generally there are two ways to complete the communication, either instant (by telephone, orally agree) or by postal.
For the instant method, the communication of acceptance is complete when the promisor hears about the acceptance from the promisee. In postal rule, the acceptance is complete at the moment when promisee posts the letter, revocation received after that time is void, the communication of the acceptance will be completed when the promisor received the letter, then both party is binding to the contract.
In this case, Ali's revocation is received by Bali on 2.4.2011 but the letter of acceptance is sent on 1.4.2011, ie. the date the acceptance is complete. Therefore, Ali's revocation is not valid as he is bound by the agreement at 1.4.2011.
In conclusion, Bali is advised that the agreement will complete when the letter of acceptance reached Ali and both party is bound to the contract thereafter.
The length of answer depends on how much marks the examiner will give, this answer should worth around 6-8 marks, you should always think that at least 1 point is needed for 1 mark. The important points and explanations must be there in order to get good marks in exam.
Cases
There are a number of cases in contract law, it is quite useful to remember some of them because quoting case in the answer of the question can really help you to gain about 1 mark. You only need to remember the case name, not the story, so try to remember some easy names such as Fisher v Bell, Felthouse v Bindley, Hyde v Wrench and so on, although the more you remember, the more you are in an advantage.
Conclusion
Law of contract is actually an interesting topic, I will suggest you not to remember the section numbers if you have tried because there will be no mark given for section numbers. Understand the rules, the deepest the understanding, the more question you can answer.
Monday, April 25, 2011
How to study management paper
Many people have problem in dealing with management paper, but why? Problems could arise because:
1. Questions are always different.
2. Not easy to understand.
3. Sometime the way of answering question cannot be found in textbook.
Questions are always different
This doesn't mean that examiner only change the numbers, this means that the question is completely a new type of question. Therefore, it is quite impossible to predict what question will come out in exam. Although practice questions will help, but the most important thing to do is to think how the topics are questioned and how they can be answer instead of keep practicing questions, ie. put yourself in an examiner point of view.
Not easy to understand
It is common that a lot of technical knowledge are found in any management paper, whether performance, business or finance. To really understand them well, read through the examples given in the textbook to get some idea first, then try to apply them to the real world, you can ask lecturer on how they can be used. Having a group to discuss about the best way to understand the thing can help, especially when you are totally confused, some of your friends may understand what you didn't and you might be good in certain areas that your friends find them difficult, sharing knowledge will improve the understanding and understanding is the best way to pass management paper.
Sometime the way of answering question cannot be found in textbook
You may find that why textbook does not include the format of answer given by examiner, this is very common, it is actually because there is no strict format of answering questions. This is the main reason why memorisation is not useful to pass management paper, so how to improve the technique? Clearly doing questions can help but what I suggest is to think from different angle, don't memorise the examiner answer, the answer is specifically related to the question only and cannot be applied to other type of question (most of the time). Remember there is no one perfect answer but whatever answer you give, especially theories, justify that you are right, you will get marks even you gave a wrong point.
In conclusion, the definition of understanding related to management paper is:
1. Being able to write in your own words which have the same meaning as what is given in the book.
2. Being able to put the knowledge into practice.
3. Being able to give some examples.
4. Being able to pick relevant information.
5. Being able to criticise and justify.
1. Questions are always different.
2. Not easy to understand.
3. Sometime the way of answering question cannot be found in textbook.
Questions are always different
This doesn't mean that examiner only change the numbers, this means that the question is completely a new type of question. Therefore, it is quite impossible to predict what question will come out in exam. Although practice questions will help, but the most important thing to do is to think how the topics are questioned and how they can be answer instead of keep practicing questions, ie. put yourself in an examiner point of view.
Not easy to understand
It is common that a lot of technical knowledge are found in any management paper, whether performance, business or finance. To really understand them well, read through the examples given in the textbook to get some idea first, then try to apply them to the real world, you can ask lecturer on how they can be used. Having a group to discuss about the best way to understand the thing can help, especially when you are totally confused, some of your friends may understand what you didn't and you might be good in certain areas that your friends find them difficult, sharing knowledge will improve the understanding and understanding is the best way to pass management paper.
Sometime the way of answering question cannot be found in textbook
You may find that why textbook does not include the format of answer given by examiner, this is very common, it is actually because there is no strict format of answering questions. This is the main reason why memorisation is not useful to pass management paper, so how to improve the technique? Clearly doing questions can help but what I suggest is to think from different angle, don't memorise the examiner answer, the answer is specifically related to the question only and cannot be applied to other type of question (most of the time). Remember there is no one perfect answer but whatever answer you give, especially theories, justify that you are right, you will get marks even you gave a wrong point.
In conclusion, the definition of understanding related to management paper is:
1. Being able to write in your own words which have the same meaning as what is given in the book.
2. Being able to put the knowledge into practice.
3. Being able to give some examples.
4. Being able to pick relevant information.
5. Being able to criticise and justify.
Friday, April 22, 2011
Effective ways to study
Sometime you can find that the brain is blocking the knowledge from entering. This happens when you are not effective, here are some tips:
1. Know your best time in a day - if you can learn well in the morning, then take the opportunity to study in the morning. When the exam is near, revising in the best time is very important to make sure that you are really revising.
2. Go for some entertainments or sports - this may sound ridiculous, but only through this you can refresh your mind, our brain always need some time to close study mode. Play some games, watch some movies, shopping and so on, do these when you feel that the knowledge is not coming in.
3. Group study - the members of the group must be fully aiming for study, not for chit chatting, ask questions within the group and discuss the answer together, this will improve your awareness of many other issues.
4. Do questions - if you feel that after some time, you are not feeling like studying, then go for past year papers or exam kit, do a number of questions. This is the releasing of "death knowledge" inside your brain and making it "live", this is a good practice and after a while you will get back to book again.
5. Study plan - if you are not self-motivated to study, make a timetable of when to study and follow it strictly, this is a self-coercive-motivation.
6. Follow-up - if you attend classes, after each of the class, read again what you just learnt in class, this is the easiest and most effective way of learning as by doing so, the knowledge will stick in your mind for a long time.
7. Making your notes - reading the book may be boring, so it is good to make notes at the same time of studying, at least you are doing something while reading. Don't copy the sentences from the book, try to make your own sentence which might replace one paragraph in the book.
8. Enough of sleep - this is very important to keep your brain shut up from saying "I don't want to learn, I want to rest".
9. Study for a short time per day is better than studying a long time in one day of a week.
10. Focus - keep focus while you are studying, do not think of anything else, for example when you are studying F7, don't think about "how an agency relationship is formed" or "what to eat later", your mind should only has F7, nothing else.
There are other ways that people will use while studying but the above are what I suggest from my experience so far, these changed my life :)
1. Know your best time in a day - if you can learn well in the morning, then take the opportunity to study in the morning. When the exam is near, revising in the best time is very important to make sure that you are really revising.
2. Go for some entertainments or sports - this may sound ridiculous, but only through this you can refresh your mind, our brain always need some time to close study mode. Play some games, watch some movies, shopping and so on, do these when you feel that the knowledge is not coming in.
3. Group study - the members of the group must be fully aiming for study, not for chit chatting, ask questions within the group and discuss the answer together, this will improve your awareness of many other issues.
4. Do questions - if you feel that after some time, you are not feeling like studying, then go for past year papers or exam kit, do a number of questions. This is the releasing of "death knowledge" inside your brain and making it "live", this is a good practice and after a while you will get back to book again.
5. Study plan - if you are not self-motivated to study, make a timetable of when to study and follow it strictly, this is a self-coercive-motivation.
6. Follow-up - if you attend classes, after each of the class, read again what you just learnt in class, this is the easiest and most effective way of learning as by doing so, the knowledge will stick in your mind for a long time.
7. Making your notes - reading the book may be boring, so it is good to make notes at the same time of studying, at least you are doing something while reading. Don't copy the sentences from the book, try to make your own sentence which might replace one paragraph in the book.
8. Enough of sleep - this is very important to keep your brain shut up from saying "I don't want to learn, I want to rest".
9. Study for a short time per day is better than studying a long time in one day of a week.
10. Focus - keep focus while you are studying, do not think of anything else, for example when you are studying F7, don't think about "how an agency relationship is formed" or "what to eat later", your mind should only has F7, nothing else.
There are other ways that people will use while studying but the above are what I suggest from my experience so far, these changed my life :)
Wednesday, April 20, 2011
Dealing with F4 exam
While F4 seems like it is filled with large volume of laws, there are certain exam techniques to deal with it. The following has to be noticed:
1. Not required to remember section number at all. Quoting section number of Acts in exam will not earn a single mark.
2. 10 marks mean at least 10 valid points.
3. By quoting case name, it replaces the need of giving example. If you can't remember the case name, then example or illustration is needed to earn you 1 mark, ie. one case can earn you 1 mark.
4. Not necessary to write answer like examiner. Examiner's answer is perfect, you have to write in your own words in order to impress the examiner, explain the laws with your understanding and be brave to put down your answer.
5. Time management must be good. You have 18 minutes for each question, but you may only need about 15 minutes to deal with first 7 questions, giving you extra 21 minutes (3 minutes x 7 questions) to deal with last 3 questions. Time is quite enough to finish the 10 questions with sufficient length of answer (which is at least 10 valid points).
6. It is best to write answer in essay form, however for example, if you are explaining some advantages or disadvantages, you may write a heading (eg. advantages of judicial precedent), underline it and then write the advantages below it (eg. (i) Uniformity - by following the decision of the precedent case, the uniformity of the judges decision is promoted instead of having many different decisions which may cause complication).
7. Write your answer using simple and clear English, with this the markers can easily understand what you write.
Just don't perceive this paper is difficult, then it should be okay. The law English may be harder to understand, but take some time to understand and think a way to write in your own words :)
1. Not required to remember section number at all. Quoting section number of Acts in exam will not earn a single mark.
2. 10 marks mean at least 10 valid points.
3. By quoting case name, it replaces the need of giving example. If you can't remember the case name, then example or illustration is needed to earn you 1 mark, ie. one case can earn you 1 mark.
4. Not necessary to write answer like examiner. Examiner's answer is perfect, you have to write in your own words in order to impress the examiner, explain the laws with your understanding and be brave to put down your answer.
5. Time management must be good. You have 18 minutes for each question, but you may only need about 15 minutes to deal with first 7 questions, giving you extra 21 minutes (3 minutes x 7 questions) to deal with last 3 questions. Time is quite enough to finish the 10 questions with sufficient length of answer (which is at least 10 valid points).
6. It is best to write answer in essay form, however for example, if you are explaining some advantages or disadvantages, you may write a heading (eg. advantages of judicial precedent), underline it and then write the advantages below it (eg. (i) Uniformity - by following the decision of the precedent case, the uniformity of the judges decision is promoted instead of having many different decisions which may cause complication).
7. Write your answer using simple and clear English, with this the markers can easily understand what you write.
Just don't perceive this paper is difficult, then it should be okay. The law English may be harder to understand, but take some time to understand and think a way to write in your own words :)
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