Team Number Problem Clarifications
Team 3 1.
The value of the land during Rajesh Sinar Sdn. Bhd. (RS)’s failure to pay the
balance of the purchase price.
-Mooters
should calculate by themselves
2.
The respective amount of first installment and third instalment.
-Total of three instalments is RM83,500- so mooters may assume the
amount of the 1st and 3rd instalments
3.
In line 8 of the second paragraph, it was stated that the learned judge awarded
RS damages under cl 10.1 of the agreement, namely, the forfeiture of the first
instalment, and 11% p.a. of the third instalment or portion remaining unpaid
calculated from the due date until the date of such forfeiture by way of agreed
liquidated damages. However, the next paragraph (paragraph 4) stated that the
learned judged ordered for the forfeiture of the deposit and a sum amounting to
11% p.a. on the third instalment. As I understand it, the forfeiture of the
first instalment is different from the forfeiture of the deposit. Line 8 of the
second paragraph said that the learned judge gave effect to the damages stated
under cl 10.1 of the agreement but at paragraph 4, his Lordship gave a
different order. Please do clarify if it is meant to be an additional
order/award and if not, whether the forfeiture of the first instalment was
allowed by his Lordship or not.
-Forfeiture of the 1st instalment is different from the forfeiture
of the deposit
-The order / decision made by the Judge is as per clause 10.1 and paragraph
4
4.
The second ground of appeal stated that the words “liquidated damages awarded
under cl 10.1”. I would like to clarify whether the liquidated damages as
stated refer to the forfeiture of the first instalment, 11% p.a. of the third
instalment and the portion remaining unpaid. As I know, liquidated damages
refer to damages that are pre-determined and usually refer to the deposit paid
by buyer. So I need a clarification as to whether the liquidated damages as
stated refer solely to the damages stated under 10.1 of the agreement (which
does not include deposit) or whether the liquidated damages also cover the
forfeiture of the deposit as ordered by the learned judge in paragraph 4
(assuming that there is no mistake in such order).
-The liquidated damages as stated refer solely to clause 10.1 of the
agreement as per the 2nd ground of Appeal
5.
Line 7 of the third paragraph. The words “portion thereof” refer to the third
instalment only or both the third and the first instalments? Do the words “by
way of agreed liquidated damages” refer to both the forfeiture of the first
instalment, and the 11% p.a. of the third instalment/portion remaining unpaid?
-The ‘word portion thereof’- refer to both the instalment
-The word’ by way of agreed liquidated damages’ refer to both 1st
instalment and the 11% of the 3rd instalment/ portion remaining unpaid
Team 5 1.
May I know what is the due date as mentioned in clause 10.1 of the agreement in
line 8 which states that ‘…remaining unpaid/outstanding calculated from the due date until the date of such
forfeiture by way of agreed liquidated damages …’ ?
-assumption to be made by mooters
Team
7 1.
Is there any special condition that Rahmah Bulat Sdn. Bhd. (RB) has to comply
when seeking financial facility from the bank?
-
Is not mentioned in the facts-
to make assumption
Team 8 1.
Did RS send notice in writing to RB? (this fact is essential for the argument
of RS’ compliance to the clause 10.1)
-
Assumption to be made by
mooters
2.
How long was the land title in RB’s possession after they informed RS that they had failed to
obtain the loan to pay the balance of the purchase price?
-
Irrelevant
3.
According to the moot question, RB challenged the trial judge's decision on the
issues of the frustration of the contract, the issues of the RS's claim in the
pleading, and the agreed liquidated damages under the clause 10.1. What is ‘RS's
claim in the pleading’ about?
-assumption
to be made by mooters
4. It was written that the learned judge ordered forfeiture
of deposit in the 4th paragraph (after the clause). Please clarify whether the
order is inclusive of first instalment.
-Please refer to the judgment made by the Judge as per clause
10.1 and paragraph 4
Team 10 1.
What is broad property? –to do research
2. What is
liquidation problem? –the question is not clear
Team 22 1. When is the date of the transaction?
- There is breach of contract so no transaction
took place
2. When is the due date for the full payment?
-assumption to be made by mooters
3. Is there any full written agreement of the
transaction?
- written contract- yes
Team37 1.
I would like to know are non legal
sources allowed to be used as a source in mooting, like articles of newspaper,
thesis and so on?
-
Not allowed
Team 60 1.
We would like to identify whether Rajesh Sinar (the appellant) gave Rahmat
Bulat (the respondent) any notice requiring the later to remedy the breaches he
made toward RS? (as the facts are silent on this matter) If yes, has the notice
expired?
-who is appellant and who is the respondent?
-assumption to be made by mooters
2.
According to clause 10.1 of the contract, it states that a notice is only
necessary if the breach does not involve the payment of the second instalment
or the third instalment. Since the facts have stated that RB has paid for the
three instalments, does it mean that RS needs not give a notice to RB and RS
can forfeit the first instalment and the sum equivalent to eleven per annum on
the third instalment…… as agreed by the parties?
-assumption to be made by mooters
3.
We would like to know the interpretation of ‘portion thereof remaining
unpaid/outstanding calculated from the due date until the date of such
forfeiture by way of agreed liquidated damages’ as stated in Clause 10.1 of the
contract.
-The ‘word portion thereof’- refer to both the instalment
Does
the ‘remaining unpaid portion’ refer to the remaining amount in which the
purchaser fails to remedy the vendor? In other words, does the ‘remaining
unpaid portion’ refer to the remaining amount of the first instalment and 11% of
the third instalment, in which the purchaser fails to pay, calculating from the
due date of the notice?
-The word’ by way of agreed liquidated damages’ refer to both 1st
instalment and the 11% of the 3rd instalment/ portion remaining unpaid
4.
If the facts state that RS needs not serve a notice to RB as the breach does
not involve the payment of second and third instalment, then how does the
vendor forfeit the remaining unpaid portion as there is no notice, there will
not be a due date of the notice until the date of such forfeiture?
-Irrelevant
5.
The monies in which the vendor’s solicitors shall refund to the purchaser refer
to what monies? The deposit, the second instalment and the remaining amount of
the third instalment after paying 11% pa of it to the vendor as a remedy?
-assumption to be made by mooters based on the question
-the 2nd question -not clear
