BTW1042 Malaysian Business Law - Case Study Help

INSTRUCTIONS

1. Extensions: This date must be complied with unless an extension has been granted 48 hours prior to the due date. Extensions will only be granted in genuine extenuating circumstances and will require some form of proof, such as a medical certificate. All applications for an extension of the time allocated to an assessment task must be made in writing to the Chief Examiner.

2. Penalties for late lodgement: 10% of the available marks per day up to 7 days.

3. Word limit: Minimum 1,900 words and maximum 2,000 words (excluding footnotes).

4. This is an Individual Assignment.

5. All Assignments must be typed (Times New Roman, font size 12) with one and a half spacing.

6. Attention to style, layout, spelling, grammar, correct citation of cases and legislation will be rewarded. Case citations should be placed in footnotes. A Bibliography is necessary.

As this is an assignment in the law discipline, students are required to follow the Australian Guide to Legal Citation (AGLC) referencing style: https://guides.lib.monash.edu/law/citingandreferencing

You must use footnotes.

7. Topics examined. Although it may deal with matters you are unfamiliar with, there is no reason why students should not familiarise themselves with the assignment facts as soon as possible. Then you are expected to read ahead: yes that’s right - in advance of the topic being covered in class. It is a research assignment and students are expected to be able to read ahead and anticipate the issues raised by the assignment. Your Lecturer and Tutor will also be able to assist you.

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8. Value. The Assignment counts for twenty percent (25%) of the total marks for the Unit.

9. Submission: Online submission of the assignment through Moodle is only acceptable! Submit your assignment together with the assignment cover page in the allocated assignment drop-box on BTW1042 Moodle page.

10. A big NO to plagiarism and collusion:
https://www.monash.edu/students/academic/policies/academic-integrity

Question

Juliana is the operator and owner of a small but exclusive restaurant in Kuala Lumpur frequented by the rich and famous. Juliana also provides food for dinner parties at her clients' homes. When she provides food for such parties, she has to close her restaurant for the day. As a result, her charges for the food she provides for these parties are very high.

Anita, the wife of a business tycoon, is planning a dinner for 20 people to which she has invited a visiting dignitary from London. The dignitary has confirmed that he would be pleased to attend the function. To ensure the success of her dinner party, Anita is considering hiring the famous Julianaa to provide the food for the dinner.

During negotiations, Juliana assures Anita that she will cook the food personally in the kitchen of her restaurant and transport it to the dinner location as she takes pride in the quality of her services. Anita is very pleased to hear this and is now certain of engaging Juliana for her services. They then sign a written contract under which Julian is to cater for the 20 diners at RM2,000 per head.

On dinner day, there was a power failure in Kuala Lumpur. Juliana arranges for her friend, Audrey, to prepare dinner in her kitchen in her home in Gombak. The cooked food is then transported to Anita’s house in a van which Juliana follows in her car.

On arrival at the dinner venue, Juliana is greeted by a very agitated Anita. Anita knows about the power failure in Kuala Lumpur and wants to know if Juliana has prepared the dinner in the manner she promised. Juliana explains that the power failure had not been a problem as the dinner has been prepared by her best friend Audrey in her kitchen in Gombak according to her instructions. Anita is furious and reminds Juliana of her promise to prepare the food by herself in her own kitchen. However, Juliana refers Anita to their written agreement which says nothing about it. Thereupon, Anita tells Juliana that she is rejecting the food as it had not been cooked by her personally in her own kitchen as promised. Juliana tries to reason with Anita, but the latter is adamant. She insists that Juliana has breached the contract and is therefore terminating the contract.

Advise the parties as to their contractual rights.