Principles of Law Related to Legal System, Legal Entities, Contracts, and Torts

Cutter v Powell and Judicial Interpretation

Describe the principles of law related to the legal system, legal entities (in particular agents and partnerships), formation of contract and tort of negligence. QUESTION 1:(a)In the case of Cutter v Powell(1795), Captain Powell, engaged Lieutenant Cutter as part of his crew for a voyage from Jamaica to Liverpool. The contract stated that payment was due only on completion of the voyage, but the Lieutenant died 19 days before the ship reached Liverpool. Lieutenant Cutter’s widow sued on behalf of his estate, but it was decided by the courts that she could not claim any part of his salary since payment of it was not due until the voyage had been completed.Describethe style of judicial interpretation which may have been used to decide this case and if (b)Oftentimes higher level courts have been encouraged to use judicial precedent and judicial interpretation to interpret the law and preserve justice. Based on your understanding of current affairs, are you agreeable with this statement? Depictat leasttwo(2) scenarios that support your view.  (c)Brindal has been charged with murder but is adamant that she is innocent. Explainthecategories in acriminal matter process that will need to be adhered to by the legal representatives when addressing Brindal’s case in court.QUESTION 2:(a)Alternative Dispute Resolution is fast becoming a popular method of conflict resolution in comparison to the court process. Describeyour view of this by identifying the characteristics of both conflict resolution methods and drawing a comparison of the two(b)Briefly distinguishthe Malaysian court structures with the court structure in another country of choice.

QUESTION 3:Mavis has always dreamed of being an entrepreneur. She feels that being her own boss would allow her flexible work hours and a fantastic paycheck. She does not receive any employer contribution into her provident fund and makes a monthly 16% contribution as it will be a sound investment well into her retirement age. She however does realise that she will need to constantly work in order to have a steady income flow. Mavis embarks on her dream career path of being a housing developer and has attracted a numberof lucrative real estate development projectssince.(a)Based on the scenario, interpret the three (3) main tests and identify if Mavisis an Employee or an Independent Contractor. Apply the facts of the scenario to yourjustification.b)Of the three (3) clients that Mavis has been working with, she wishes to continue business with Jefferson and Anthony and wishes to terminate business dealings with Andrew because she feels she is not going to be able to make much profit margin out of the business dealing with him. If Mavis is to be interpreted as an independent contractor, indicateif Mavis can terminate the business dealing and if there is any legal implication of her doing so.c)Mavis decides that it is time she took a break from her business and starts preparing for a three (3) month holiday.She decides to appoint Gilbert to manage her real estate development projects in her absence. She is however contemplating the method of creation that will be most suited and the responsibilities that she ought to emphasise on. Based on your understanding of the law of agency, expresswhat your advice to Mavis will beQUESTION4:(a)Brett and Kimberly would like to set up a general and ordinary partnership together. They are a little confused if they should create a partnership ‘at will’ or a written one. Illustrate the following; (i)The difference between a partnership ‘at will’ and a written partnership.(ii)The key clauses that ought to be considered if Brett and Kimberly wish to embark on a written partnership.b)After being in a partnership for a number of years Brett and Kimberly are contemplating if they should transition into running a company. Describeat least seven (7) differences between a general and ordinary partnership and a private company. Based on theseven (7)differences described, state if it is indeed a wise choice to transition into a company especially since Covid-19 has impacted the economic cycle significantly.(c)Describethe difference between a general and ordinary partnership and a professional partnership