ANSWER SHEET Student ID 1161102265 Subject Code UCV4612 Section / Group L1 Lecturer Name Mr. Hafiz Page1 | 12 QUESTION* MARKS* HONESTY PLEDGE I pledge on my honour that I will neither give nor receive any unauthorised aid on the examination. I will not copy, exchange or share my answers of this examination from/with other person(s) during this examination. By accepting this pledge, I acknowledge that as a student of Multimedia University, I am expected to conduct myself in a manner that exemplifies honesty, integrity, and good character. ………………………(Student‟s Signature)TOTAL* *for Lecturer usage.YOUR ANSWER BEGINS HERE. QUESTION 1 A cause of action is generally defined as every material fact that must be proved by the plaintiff in order to bring forward or commence a successful action in court. The phrase “material fact”connotes a factual situation, the existence of which entitles one person to obtain from the court a remedy against another person. The crux of the linear flow of commencement of a civil suit is solely based on the presence or absence of a person‟s rights where a breach would lead to injury or losses. These forms of adversity suffered by the potential claimant signifies that there must be a comprehensive and effective method to commence litigation and assert one‟s rights in terms of monetary dealings or even land disputes. Furthermore, to further elaborate on the nexus between rights and liabilities that can be extricated from the rules of civil procedure, the position in Lim Kean v Choon Khoon provides that a cause of action accrues when there is a person who can sue and another who can be sued, and when all the facts have happened which are material to be proved to entitle the plaintiff to succeed to obtain judgment. Again, the main elements of a cause of action which have been provide here can be cross-examined with the statement in the question above in several ways.
ANSWER SHEET Student ID 1161102265 Subject Code UCV4612 Section / Group L1 Lecturer Name Mr. Hafiz Page2 | 12 In terms of relief, where it is said to be one of the substantive rights in a cause of action, when there is a clear breach of either duty resulting in negligence or for instance, a failure to pay arrears which amount to breach of contract, the party that has been wronged is entitled to claim for reliefs by virtue of applying to the court for the appropriate remedies that is specified for each action brought by a plaintiff against a defendant. Examples of remedies that may be granted in cases of breach of contract include specific performance, where a plaintiff, when granted one, may compel the defendant to perform or restrain from performing certain acts that are material terms in a contract in which has been neglected by the defendant in an action. Furthermore, the most common form of remedy that is pleaded to the court would be damages, which is further divided into exemplary and nominal damages. A claim for damages is a claim for monetary compensation that is in lieu with the losses suffered by the person acting as the plaintiff or the claimant.