GOVERNMENT LIABILITIES

Contractual capacity for the government is provided under Article __________ of the Federal Constitution

• Article 70

• Article 66

• Article 69

• Article 68

According to Section 2 of the Government Contracts Act 1949, a contract made on behalf of the Federal Government shall be made in the name of the person authorized

• True

• False

Once the government entered into a legally binding contract, the government is bound by all terms and conditions stated in such contract

• True

• False

Section 8 of the Government Contracts Act 1949 provided that the government will not be liable when a public officer:

• Pledge his own personal credit

• Enters into a contract as instructed by the government

• Acts as a government's agent

• Enters into a contract in his own personal capacity

The government's liability in tort is covered under Section 5 of the Government Proceedings Act 1956

• True

• False

Section 5 of the Government Proceedings Act 1956 must be read together with

• Section 4

• Section 6

• Section 7

• Section 8

Section 5 of the Government Proceedings Act 1956 provided that:

• Government shall NOT be liable for any wrongful act done or neglect by the public officer

• Government is the principal whereas the public is the agent

• A particular officer who commits the tortious act is personally liable; while the government is NOT liable

• Government shall be liable for any wrongful act done or neglect by the public officer

In the case of Lai Seng & Co. v Government of Malaysia (1973) highlighted that the identity of the wrongdoer needs to be established

• True

• False

Identity of the wrongdoer or the officer is necessary in proving the case on negligence

• True

• False

Section 14 of the Government Proceedings Act 1956 limits the liability of the armed forces personnel

• True

• False