1 BTW1042 – MALAYSIAN BUSINESS LAW

INDIVIDUAL ASSIGNMENT (SEM. 2, 2020)
INSTRUCTIONS
1. Due date: Answers to this Assignment are due by 1.00 pm on Monday, 12 October 2020.
2. 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.
3. Penalties for late lodgement: A maximum penalty of 2 marks allocated to this assessment task
will be deducted for each calendar day (including weekends) that the assessment task is late. The
Chief Examiner may also refuse to accept the Assignment.
4. Word limit: 2,000 words (excluding footnotes) +/- 10% should be fine.
5. This is an Individual Assignment.
6. All Assignments must be typed (Times New Roman, font size 12) with one and a half spacing.
7. 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.
8. 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.
9. Value. The Assignment counts for twenty percent (25%) of the total marks for the Unit.
10. 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.
11. A big NO to plagiarism and collusion:
https://www.monash.edu/students/academic/policies/academic-integrity
2
Question
On 18 March 2020, the Malaysian Government imposed Movement Control Order (MCO) in order to
contain the spread of the Covid-19 virus. As a result, there was a lockdown in the country and all
businesses, except the essential services, were ordered to shut down.
Ah Soon has a shop selling tropical fish and aquarium equipment in a famous shopping mall in Kuala
Lumpur (“the mall”). All the shop lots are owned by the mall and are rented out to retailers. The mall was
closed due to the MCO until 18 May 2020 and, thereafter, when the MCO restrictions were relaxed
(“Conditional MCO”), the mall was allowed to reopen.
During the MCO, Ah Soon was only able to do online sales which contributed to less than 20% of his
normal earnings. Even during the Conditional MCO, the business was not doing well as many people
were apprehensive and avoided going to the malls due to the ongoing Covid-19 pandemic. Although the
mall was completely closed during the MCO, the mall, however, insisted that all the retailers including
Ah Soon are required to pay their monthly rentals as per the terms and conditions of their respective
Tenancy Agreements. The mall did offer a 10% discount but only for the two months of the MCO period.
Ah Soon comes to you for legal advice, as he strongly feels it is unfair and unjust for the mall to demand
rental during the MCO when the mall was completely closed. He argues that the mall was also under a
legal obligation to provide the rented premises which the mall clearly failed or was unable to do so. His
point is that if the mall was unable to provide premises (i.e. perform their part of the agreement), why
should then he be obliged to pay for the premises (i.e. perform his part of the agreement).
Advice Ah Soon on his legal rights with reference to the relevant laws and judicial decisions.
Weighting/Value: 25% [25 marks]