A Writing Prescription

Stress

2010-08-28T05:18:00.001-07:00

Masochism isnt really my thing.

Sitting down for hours with a book held on a daily basis is not one of my many talents. That being said, I’m a certified sadist. I am beginning to suspect some people really do enjoy torturing themselves day to day staring at endless words, something that I can never seem to get a grip on regardless of the amount of effort I put in.

Final exams starts in a day, i solely thank myself for being able to cope with the human race this past week , fighting the urge to punch someone in the face if they get on my nerves. This is beyond my stress level.

Heave-ho.

Procrastination

2010-08-09T13:52:00.001-07:00

Everyone has either done it before or is about to. It is inevitable.

Previously I was renting out a room at this college hostel whereby everyone there was either lazy or too engrossed in games to give a fuck about their college results.
Ask someone to start studying, they will most probably delay it giving reasons such as “Its too early to study” knowing the fact that exam is a week away. That would define procrastination for you.

I know the feeling of enjoying life first, and delaying work so that it will be done later. When the time comes for work, it is then further delayed. Ever since my primary school days, procrastination has became a norm for me, so much so that I can’t seem to get things done.

That fucked up things to the point that I ended up not giving a shit about my future which did not seem to be important at that period of my life.

Years passed and many of my friends started to work in mediocre paying jobs. What scares me is that they are actually contented with the RM1000+ that they are making a month, don’t they realize that it is not enough for a comfortable future?

Thats when I realized that im already in my twenties. Truthfully, it sucks. Im not saying that life sucks, life is good. Its just the fact that I would have to settle down and start working very soon doing the same thing day in day out.

Kids make me feel old. FARKK.

Miracles

2010-08-02T12:00:00.001-07:00

Oh yes, they do happen. For this post is dedicated to our friend, Quah Ji Yang who recently was involved in an accident.

Despite all the funny remarks everyone gives him on a daily basis, I can’t help but to admire his courage as he went through a train wreck.

The incident happened somewhere around Jalan Masjid Negeri, I received his message about 11am telling me that he was involved in an accident and he broke both of his legs. Knowing very well how often he lies, I actually went right back to sleep thinking that it was a joke. Dead wrong, I was.

Went and visited him at Gleneagles right after college. Never really liked hospitals, they tend to emit this mournful aura that gets to me every time. I got the fucking shock of my life to see my once very perverted, childish and hysterical friend to be lying there tormented in agony. Fuck, it must hurt like mad.

This thought me to never take things for granted, as they might just disappear like that without any warning.
I was never really much a believer myself, but when miracles like this occur, it really does makes me wonder if there is really someone up there protecting us.

He will recover very soon, our pro ji yang is like a fucking cockroach =D

On a side note, porno might speed up his recovery rate =x

Wtf..

2010-05-21T10:59:00.001-07:00

*Walks into the office.*
A:Hello sir, Can i discuss some past year questions with you?
B:Sorry i'm going into a meeting.
A:But i am about to ask 2-3 questions only. =( Can arH?
B:*pause* No, i'm going into a meeting now.

What a Dick.

Oats

2010-04-29T11:54:00.001-07:00

Dearly Departed Oats,

We Miss You Too.

Happy Birthday Poku

2010-04-23T10:51:00.001-07:00

Diana used to take care of this hammy named Poku,
it was like the cutest living hammy in the world besides Oats cause of her big bakuli eyes O.O

Sadly she died like a year ago, after Mocha and before Oats. I can still remember how polite she was everytime I tried to feed her. She would just slowly take the hammyfud away and keep the fud in her mouth,
damn chubi I tell you.

To the most alluringly gorgeous Hammy in the whole wide world,

Happy Birthday Poku.

Hope you are happy in hammyland!

The Scientist Acoustic– Coldplay Guitar Tabs/Chords

2010-04-21T13:45:00.001-07:00

There has been many different versions of this song. 
But I'm absolutely f**king sure mine is correct =)


Intro:
Dm7     A#     F     Fsus2


Verse 1:
Dm7           A#                   F
Come up to meet you, tell you I'm sorry

                  Fsus2 
You don't know how lovely you are

Dm7         A#                    F
I had to find you, tell you I need you

            Fsus2 
Tell you I set you apart

Dm7             A#                        F
Tell me your secrets, and ask me your questions

              Fsus2 
Oh let's go back to the start

Dm7           A#                  F
Running in circles, coming up tails

           Fsus2
Heads on a science apart


Chorus 1:
A#                         F
Nobody said it was easy

             Fsus2 
It's such a shame for us to part

A#                       F
Nobody said it was easy

            Fsus2                      C 
No one ever said that it would be this hard

C7
Oh take me back to the start


Interlude:
F     A#     F     Fsus2


Verse 2:
Dm7           A#                   F
I was just guessing at numbers and figures

            Fsus2
Pulling the puzzles apart

Dm7           A#                   F
Questions of science, science and progress

              Fsus2
Don't speak as loud as my heart

Dm7           A#                   F
Tell me you love me, come back and haunt me

          Fsus2
Oh and I rush to the start

Dm7           A#                   F
Running in circles, chasing our tails

         Fsus2
Coming back as we are


Chorus 2:
A#                         F
  Nobody said it was easy

                   Fsus2
It's such a shame for us to part

A#                       F
Nobody said it was easy

            Fsus2                        C
No one ever said that it would be this hard

C7
I'm going back to the start


Outro:
G  -    C  -    G  -   Fsus2

Breath Of Fire 4

2010-04-12T11:46:00.001-07:00

Amazingly I find myself succumbing to the seductive attractions of this old game.

Its so damn random, I stumbled upon a comic having a similar story with BOF4. Next thing I knew was myself downloading the torrent for the game. =(

Yeah its old, VERY old.

But the gameplay and storyline makes it worth downloading.

Screenies below =)

and this,

argh its at 67% and it writes 10 hours to go. To hell with torrents, I never liked them anyways =(

Left 4 Dead 2

2010-04-03T11:30:00.001-07:00

Yeah I’m pretty sure everyone out there knows about this one.

The game is pretty interesting if compared to the first one, due to several additions to the zombie lineup. (Previously Boomer, Smoker, Hunter)

Okay fuck the intro.

I freaking love the game when its played among 8 friends. Know why?
You get to see them(dudes) shouting like they are injected with loads of estrogen.

Or see those moronic faces tormented in horror when they see this,

Too bad it explodes instead of dancing to Milkshake.

BOOM
Then you hear them shouting FUCK FUCK FUCK IM DEAD…WA SI LIAO LAH!

ah the intense action..

<3

OMFG

2010-03-31T08:13:00.001-07:00

I just saw the most-fucking-ugliest-monster in the entire universe during lunch at college. LIVE!

Oh, and I think some people do know who I am talking about. The monster even did cosplay. That’s some horrifying fucking sick shit.
=)

-My Bak chiu still damn panas from the above said event =(

Don’t Stop Believing – Journey Guitar Chords/Tabs

2010-03-17T11:06:00.001-07:00

I believe this song is from a TV-series named Glee.
Or so I’ve heard.

E      B             C#m           A          
Just a small town girl, living in a lonely world
E           B                     G#m   A
She took the midnight train going anywhere

E      B      C#m                   A
Just a city boy, born and raised in south Detroit
E          B                     G#m   A
He took the midnight train going anywhere

E             B        C#m                    A
A singer in a smoky room, a smell of wine and cheap perfume
E                    B                        G#m           A
For a smile they can share the night, it goes on and on and on and on

A                 E
Strangers waiting up and down the boulevard
 A                      E
Their shadows searching in the night
A                    E
Streetlight, people, living just to find emotion
A                        E
Hiding, somewhere in the night

E               B         C#m          A
Working hard to get my fill, everybody wants a thrill
       E           B                   G#m      A
Paying anything to roll the dice, just one more time

E              B               C#m               A         
Some will win, some will lose, some were born to sing the blues
 E            B                   G#m           A
Oh, the movie never ends; it goes on and on and on and on

A               E
Strangers waiting up and down the boulevard
 A                             E
Their shadows searching in the night
A                  E
Streetlight, people, living just to find emotion
A                        E
Hiding, somewhere in the night

E	      B       C#m            A#
Don't stop believing hold on to the feeling
E          B           G#m
Streetlight people

E	      B       C#m            A#
Don't stop believing hold on to the feeling
E          B           G#m
Streetlight people

E	      B       C#m            A#
Don't stop believing hold on to the feeling
E          B           G#m
Streetlight people

- Makes you feel like watching the series.

OBC

2010-03-15T09:12:00.001-07:00

I have this one lecturer in my college, we call him OBC. Despite all the time i spend using facebook while he is teaching,

I seriously fucking pity the dude

cause,
the rest don’t seem to give a shit! LOL
well for starters, everyone plays DotA or either CS in his class while he is teaching, being the main reason why no one even bothers to answer his questions.
I seriously had alot of sympathy going on for him since the first day of college, but someone told me that..

He walks to school because his wife steals his car every morning.

Fuck dam kesian weh, not to mention that his briefcase looks like it was made in the late 70’s.

- OBC for president <3

Gym Frenzy

2010-03-12T23:38:00.001-08:00

Recently I have been busy with lotsa stuff, one of them being the current subscription to this stuffy gym called Priority Fitness. I got the membership as a gift from diana for valentine’s . <3

3 Months terus, wtf. I was like WOW!

Really do appreciate it =)

Anywaysss, I’m like really into bodybuilding cuz previously i was like damnn skinny. Got lotsa help from… TRUE MASS! Some really convincing product from GNC that actually works.

It looks like this.

LOL. I previously never believed in all this shit but heck, this actually works.

And i got myself a new gym partner..
Koh Su Yang
who is determined to hell that he is gonna burn off that excess fats of his body. Since priority fitness is located like, really close to our place we carpool frequently, reducing petrol consumption.

More guitar tabs to come!

p/s : I finished painting a few sets of the Warhammer pieces, but due to loads of assignments n guitar teachin n work n stuff, I had to drop the hobby altogether. Lol. :)

Faber Drive – Tongue Tied Chords/Tabs

2010-03-12T23:12:00.001-08:00

I Brought the song down a few keys, cause going as high as how they sang it is kinda hard for me :D
The song reminds me of the time when it was played on the radio daily about two years ago.

Have fun <3

VERSE:
A
 Bright cold silver moon
E
 Tonight alone in my room
F#m             E             D
 You were here just yesterday
A
 Slight turn of a head
E
 Eyes fell when you said
F#m         E             D
 I guess i need my life to change
F#m                  E              D
 Seems like something's just not the same
                 E
 What could i say

CHORUS:
          A
 I need a little more luck then a little bit
          E
 Cuz every time i get stuck the words won't fit
            F#m               E
 And every time that i try I get tongue tied
             D                E
 I need a little good luck to get me by
          A
 I need a little more help then a little bit
          E
 Like the perfect one word no one's heard yet
          F#m            E
 Cuz every time i try to get tongue tied
             D                 E              A
 I need a little good luck to get me by this time

VERSE:
A
 I stare up at the stars
E
 I wonder just where you are
F#m            E             D
 You feel a million miles away
Aadd9
 Was it something i said
E
 Or something i never did
F#m           E            D
 Or was i always in the way
F#m                E              D
 Can someone tell me what to say
                       E
 To just make you stay

CHORUS:
       A
 I need a little more luck then a little bit
          E
 Cuz everytime i get stuck the words won't fit
            F#m               E
 And every time that i try I get tongue tied
             D                E
 I need a little good luck to get me by
          A
 I need a little more help then a little bit
          E
 Like the perfect one word no one's heard yet
          F#m            E
 Cuz every time i try to get tongue tied
             D                 E              A
 I need a little good luck to get me by this time


BRIDGE:
A
 I know it feels like again
E
 Dont want to be here again
F#m
 And we could help each other
 D                    E
 Off the ground so we never fall down again
A
 And what it takes i dont care
E
 Were gonna make it i swear
F#m
 And we could help each other
 D                     E               D         E
 Off the ground so we never fall down again...Again

CHORUS:
                 A
 I need a little more luck then a little bit
          E
 Cuz everytime i get stuck the words won't fit
            F#m               E
 And everytime that i try I get tongue tied
             D                E
 I need a little good luck to get me by
          A
 I need a little more help then a little bit
          E
 Like the perfect one word no one's heard yet
          F#m            E
 Cuz everytime i try to get tongue tied
             D                 E              A
 I need a little good luck to get me by this time

BRIDGE:
A
 I know it feels like again
E
 Dont want to be here again
F#m
 And we could help each other
 D                    E
 Off the ground so we never fall down again
A
 And what it takes i dont care
E
 Were gonna make it i swear
F#m
 And we could help each other
 D                     E               D         E
 Off the ground so we never fall down again...Again

How Imeem Fucked Up my garageband Songs

2010-03-12T12:13:00.001-08:00

Recently I discovered imeem was sold to myspace. That totally fucked up the song database along with all the stuff people uploaded. All the effort put into the songs was lost along with imeem itself. Fuck.

Well, Its kinda my fault too for not having a backup of the songs.

FUCK IMEEM :)) sudah emo lah ku…

Removed the garageband playlist, as it is displaying some random ad. LoL.

I’m Back =)

2010-03-12T12:01:00.001-08:00

After a long period of downtime due to lotsa ongoing stuff (college,work etc etc), I finally found some time to update this fucking blog =D

Warhammer 40,000

2009-07-22T04:23:00.000-07:00

Guess what?
I'm gonna start painting miniatures of the Warhammer series, you guys can check the models out at www.games-workshop.com .

Recently I ordered Ork Nobz and Ork Boyz from Alvin. He sells it really cheap so you guys should visit his site and get started too, its really interesting and fun to put some artistic talent onto those small plastic miniatures.

Ork Nobz

Ork Boyz

Hope to post up many photos of my painting progress here so that I can track my own progress.
(In high detail, that is)

IM A TOTAL NOOB IN PAINTING so you guys may see some fucked up photos =)

New iMeem Songs

2009-07-22T04:17:00.000-07:00

Added many new songs to my iMeem.
You can play the full versions directly from my profile page.
Most of the songs are from Final Fantasy but recently I added two new Classical songs named Sicilienne and Overture From Concert VIII.

Enjoy^^

12th July 2009

2009-07-12T23:27:00.001-07:00

Best day ever. Cant find a better word to replace that.

Guess what… Diana got me a new guitar for our anniversary!

Thanks is a understatement, really. I just cant express my appreciation in words. Anddd I got her a new Plush Dog and a TAMAGOTCHI! xD

Will be posting up pictures of my brand new Groovy FD-2046 . Not to mention the sound it produces is just pure brilliance.

I LOVE IT!! xD

WIDGETSSSS

2009-07-10T22:43:00.000-07:00

Check out the brand new and spanking widget on top! XD And enjoy the music i made using Garageband 08.

P.s, Don't get garageband cause it sucks. lol

Bloody ABC Family..

2009-06-21T10:21:00.001-07:00

How could you?

How could you murder my Kyle XY?

why torment this innocent soul?

All I can say to ABC is..

t(-__ -t)

kthxbye

Guitar Chords/Tabs : Shawn Hlookoff – She Could Be You (Kyle XY)

2009-06-17T13:22:00.000-07:00

First of all, I would not like to thank ABC family for cancelling Kyle XY. Of all the TV series they could have cancelled…why the one I was watchin?

…

-.- why?

Anyways, there is this song from the movie called She Could Be You. Really enjoyed the tune and so here it is, in standard tuning xD

The strumming pattern is - Down Down Up Up Down

For The intro, play G em C D and when you reach the C chord, Hammer on and Pull off E at the 4th string. Enjoy xD

    G                            em                      C                     D
I'm haunted by this photograph  don't know why
G                          em         C               D
Every time I look I get shivers down my spine

Pre-Chorus

em              C
  Theres such a beautiful face
em hm      
  I know those eyes
em   C              G   D
That take me back in time

Chorus
             G             em              C                 D
She could be you     I wouldn't even know
She could be you     but that was long ago
She could be you

Verse 2

  G                 em            C         D
I wish that I could tell you what you don't know
  G                em  C               D
I dream about that day   but it's impossible

Pre-Chorus

em     C    em    hm             em
  In another world I'd be yours tonight
      C           G              D
But I can't break free from this life

Chorus

             G    em   C             D
She could be you     I wouldn't even know
She could be you     but that was long ago

Bridge

              C    G              D

She could be you I see it all the time
I know it's true a picture doesn't lie

Chorus

             G    em    C            D
She could be you     I wouldn't even know
She could be you     but that was long ago
She could be you

She could be you
She could be you

Movies : Push (2009)

2009-06-07T08:37:00.001-07:00

This movie..

Its named Push. Typical superhero movie which almost every single person in the movie has a psychic ability. So in the movie, some people can read the future, some have telekinesis and some can emit high frequency noises to damage the surrounding ( I’m telling you, most Chinese people in the movie has that ability and I mean MOST)

Genius title if you ask me, considering that the main character does not even own the power of PUSH(Ability to bend another person’s will).

There are only two words I can think of after I sat through this show..

DISAPPOINTING & Overrated

The whole movie revolves around chasing and running from bad people and retrieving a rare object. And the worst part of it all is that he does even have a goal.

Despite being highly anticipated , I bestow this RM10-wasted-cinema-trip movie a sarcastic 2/10. Not to mention its not even worth 2.

Guitar Chords/Tabs : Mayday Parade - Miserable At Best

2009-05-25T03:20:00.000-07:00

Heard this song yesterday and personally I like it the most among their other songs and on top of it all, its a special request. Told you I would get it done in a night =)

Pluck it the same way alex plays the piano. For example,

D - 000232 .

Pluck 0 - 2 - 32 - 2 - 0 - 2 -32 - 2 (0 Denotes the the 4th string(D))

And then do the rest to the other chords. =)

Oh I almost forgot, notice the D-G-D? Just pluck all the notes at once starting from

D -G-D- then immediately to A.

In case some of you don't know, F#m is 244222.

Standard Tuning

D A Bm
Katie don't cry I know you're trying your hardest

A               D
And the hardest part is letting go  Of the nights we shared

A        Bm                         A
Ocala is calling and you know it's haunting

G                 A 
but compared to your eyes  
Bm              D 
nothing shines quite as bright  
G             A
And when we looked to the sky
Bm          D
It’s not mine but I want it. So...

[Chorus]

D
Let’s not pretend like you're alone tonight
A
(I know he's there and)
Bm                              A
 You’re probably hanging out and making eyes
(While across the room he stares)
G                             A
I'll bet he gets the nerve to walk the floor
A             Bm    A
And ask my girl to dance she'll say yes
G                         D- G -D      A
(Because these words were never easier for me to say or
A                Bm            A
Her to second-guess but I guess)
 G              D
That I can live without you but
 G              A            D 
(Without I'll be miserable at best)

D
You’re all that I hoped I'd find
Bm
 In every single way
A
And everything I would give
D
Is everything you couldn't take
A 
Cause nothing feels like home
Bm
You’re a thousand miles away
A
And the hardest part of living
G
Is just taking breaths to stay
A
Cause I know I'm good for something
A                      Bm
I just haven't found it yet
A
And I need it so...

 [Chorus]

D
Let’s not pretend like you're alone tonight
A

 (I know he's there and)
Bm                              A
You’re probably hanging out and making eyes
(While across the room he stares)
G                                               A
I'll bet he gets the nerve to walk the floor
A                           Bm       A
And ask my girl to dance she'll say yes
G                D -G -D      A
(Because these words were never easier for me to say or
A        Bm                         A
Her to second-guess but I guess)
G              D
That I can live without you but
G              A            D
(Without I'll be miserable at best)

 D G A F#m Bm Bm A
x2 (2nd time with ah dah dahs)

D                               G                             A
And this will be the first time in a week
F#m      Bm
That I'll talk to you, and I can't speak
A
It’s been 3 whole days since I've had sleep
D
Cause I dream of his lips on your cheek
G
And I got the point that I should leave you alone

A F#m
But we both know that I'm not that strong
Bm A
And.. I miss the lips that made me fly.. so...

 [Chorus]

Let’s not pretend like you're alone tonight
A
(I know he's there and)
Bm                              A
You’re probably hanging out and making eyes
A
(While across the room he stares)
G                             A
I'll bet he gets the nerve to walk the floor
A                              Bm       A
And ask my girl to dance she'll say yes
          G                                                 D- G -D      A
(Because these words were never easier for me to say or
A            Bm                    A
Her to second-guess but I guess)
G              D
That I can live without you but
G              A
(Without I'll be miserable)
G              D
That I can live without you but
G              A
(Without I'll be miserable)

G              D
That I can live without you but
G              A            D
(Oh without you I'll be miserable at best)

-End-

Ps . Sorry for the long post

Guitar Chords/Tabs : Taylor Swift - Crazier

2009-05-21T12:25:00.001-07:00

This is one of my favorites. Fell in love with it the moment I heard it on Youtube.
Taylor Swift plays it two frets higher. That means a F but this is for people who sings at a lower octave.
Also, the song is pretty nice if plucked at correct moments. Personal preference actually.

Verse

D                       A
I've never gone with the wind
          Em
Just let it flow
     G            A          D
Let it take me where it wants to go
                A                    Em
Till you open the door there's so much more
         G
I've never seen it before
    A         Bm        G
I was trying to fly but I couldn't find wings
  A          Bm          G
But you came along and you changed everything

Chorus
D                        A
You lift my feet off the ground
            Bm
You spin me around
          G
You make me crazier, crazier
D                          A
Feels like I'm falling and I
               Bm
I'm lost in your eyes
          G                G
You make me crazier, crazier, crazier

Verse II
D                          A
I watched from a distance as you
             Em
Made life your own
    G           A          D
Every sky was your own kind of blue
              A                   Em
And I wanted to know how that would feel

      G
And you made it so real
A             Bm             G
You showed me something that I couldn't see
A             Bm           G
You opened my eyes and you made me believe

Chorus II ? xD
D                        A
You lift my feet off the ground
            Bm
You spin me around
          G
You make me crazier, crazier
D                          A
Feels like I'm falling and I
               Bm
I'm lost in your eyes
          G              
You make me crazier, crazier, crazier

D A G (G) – This is played after she  ohhohhs…

Ohhohhhh…..

Bridge

A        Bm             G
Baby you showed me what living is for
A             Bm     G
I don't want to hide anymoree

Chorus
D                        A
You lift my feet off the ground
            Bm
You spin me around
          G
You make me crazier, crazier
D                          A
Feels like I'm falling and I
               Bm
I'm lost in your eyes
          G
You make me crazier, crazier, crazier
G
Grazier, crazier

Updates

2009-05-16T13:16:00.001-07:00

Will post a song tommorow. Been recently unactive because of more pressing matters =/

Anyways, the song title is Crazier by Taylor Swift, rearranged to fit my version of singing. It will be in standard tuning too fyi xD

Law : The Effect Of An Agency

2009-05-07T23:35:00.001-07:00

AGENCY

THE EFFECT OF AN AGENCY

The effect of an agency may be discussed as follows:-

1. the relations between the principal and the agent;

2. the relations between the principal and the third parties;

3. the relations between the agent and the third parties.

I. THE RELATIONS BETWEEN THE PRINCIPAL AND THE AGENT

It is the ordinary relations of the employer and the employed. The rights and duties of the principal and agent springs from the terms of the contract, whether express or implied, which exists between them. The mere existence of the relations creates certain rights and duties between them.

Rights of the Principal against the Agent

Duties of the agent include:-

1. keeping accounts of the transaction into which he enters on the Principal’s behalf;

2. using ordinary diligence in the discharge of his function. If agency is for reward, he must show any special skills or capacity which he is expected to have in relation to his work. If agency is gratuitous, he is expected to show only as much skills as he would if he had been conducting his own affairs. Failure in his duty may result in an action against him for damages.

Other duties of the agent tied to the fiduciary nature of the agency

1. Agent must not make secret profit from the agency. It is immaterial if the profit derived caused no material injury to the Principal or that the agent had throughout in good faith. All such profit must be passed over to the principal

Hippisley v. Knee Brothers

Defendant auctioneers received discounts from printers and advertisers while engaged as agents by the plaintiff to sell certain properties. Defendants charged the plaintiff the full amount in the honest belief that they were entitled to keep the discounts for themselves

Held: The defendant auctioneers were bound to account to the plaintiff for the money.

Bribes promised to the agent also cannot be enforced against the promisor since the act is a corrupt one and not enforceable. If the agent has received the bribe, it can be claimed as money had and received to the use of the principal and the agent cannot recover any remuneration for his services rendered. Alternatively, the principal may sue the agent and third parties, if any, jointly and severally, damages in tort for any loss which he may have sustained by entering into the said contract. However, the principal must make a choice whether to accept the amount of the bribe or his claim for damages.

T.H. Mahesan s/o Thambiah v. Malaysian Government Officers’ Co-operative Housing Society Limited

Plot between director of the housing society and M to cheat the housing society. M made a big profit and gave one-quarter of it to the dishonest director.

Federal Court of Malaysia held the housing society recover from its director (agent) both the amount of the bribe and damages for the whole of the loss suffered by it as a result of the fraudulent transaction. The Privy Council held that the housing society could only recover either the amount of the bribe or damages for the loss suffered, but not both.

2. Agent must not put himself in the position where his interest and duty(s) conflict with that of the Principal.

Examples:

Agent is employed to bring his principal into a contractual relation with a third party. May he then proceed to act also for that third party? Can he himself elect to sell to his principal?

Du Bussche v. Alt

Fact: Plaintiff wanted his agent in China to sell a ship for a minimum price of $90,000.00. Agent engaged a sub-agent to sell it in Japan. Sub-agency consented to by the plaintiff. Sub-agent bought the ship himself for $90,000.00. Later, he managed to re-sell it to a Japanese prince for $160,000.00. Sub-agent remitted $90,000.00 to the plaintiff but the plaintiff filed a bill to compel the defendant (sub-agent) to account for the profit made from the resale.

Held: The defendant was the plaintiff’s agent and so was in breach of duty by changing his position without informing /obtaining consent of the principal. He was therefore bound to account for the profit made from the resale.

3. Agent may not delegate his duties and responsibilities to another.

Du Bussche v. Alt

per Thesiger LJ :

“ As a general rule, no doubt, the maxim “delegatus non potest delegare “ applies so as to prevent an agent from establishing the relationship of principal and agent between his own principal and a third person; but this maxim when analyzed merely imports that an agent cannot, without authority from his principal, devolve upon another obligations to the principal which he has himself undertaken to personally fulfill; and that, inasmuch as confidence in the particular person employed is at the root of the contract of agency, such authority cannot be implied as an ordinary incident in the contract. “

Right of the Agent against the Principal

Duty of Principal

- pay the agent the agreed commission or reward. If no agreement, then the agent is not entitled to any reward. If agent is a professional, then the presumption is that he is to be remunerated.

Right of agent to be remunerated

- the agent must carry out his duties or fulfill the conditions stipulated in the agreement

- the agent must also reimburse the agent for all expenses incurred and indemnify him against all liabilities and claims which the agent has reasonably incurred in the execution of his duties.

- The agent is also entitled to a lien on the goods of his principal in his possession in respect of any claim by him against his principal arising out of the agency.

II. THE RELATIONS BETWEEN THE PRINCIPAL AND THIRD PARTIES

By giving actual authority to his agent to contract on his behalf, he is bound as regards third parties, by all acts of the agent which are done within the limits of that authority.

The same rule applies when the agent contracts for the principal outside his actual authority but contracts within an authority which he may reasonably be supposed to possess (Ostensible Authority).

When it is established that the agent is acting within the actual and/or ostensible authority of the principal, the principal is liable to third parties even though the agent has acted for his own benefit and in fraud of his principal.

Hambro v. Burnand and others.

Facts: Defendant underwriters appointed Burnand to underwrite insurance policies on their behalf. Burnand underwrote certain policies which guaranteed payment of bills accepted by a company of which he was a director and which was insolvent. The defendants were ignorant of the fraud of Burnand but were sued anyway on the policies by the plaintiffs, who had received the policies in good faith.

Held: Defendants were liable. Where, however, the third party dealing with the agent is aware that he is acting for his own benefit, or where the circumstances of the transaction are such as to put him on enquiry, the principal is not bound.

Limitations on the principal’s rights and liabilities

-certain situations which sets a limit on the principal’s capacity to sue under contract:-

(i) Agent is a party to the deed on behalf of another and the principal’s name is not on the deed , then the principal cannot sue or be sued;

(ii) Foreign principals cannot sue or be sued on contract entered into on his behalf – minimal significance today because of modern day trading conditions;

(iii) Unless his name is signed on the bill of exchange or negotiable instrument, the principal is not liable. If signed by the agent acting clearly under his authority, then the principal is liable;

(iv) Undisclosed principal- In English law. When the agent acts on behalf of the undisclosed principal, the principal can, when discovered, sue and be sued under the contract. This appears to be an anomaly peculiar to English Law since it runs counter to the privity of contract rule. It appears, though, to serve a useful commercial function and is subject to the condition that the authority must have been in existence at the time the contract was made.

This right of the undisclosed principal to intervene as a contracting party is subject to the following limitations:-

1. the agent must not have contracted as the real and only principal;

2. the personality of the agent must not be of such importance and so essential that the contract must be taken to have been made with him alone and no one else can interpose and adopt the contract;

3. person who honestly contracts with the agent thinking him the principal, is entitled to set up against the principal, when discovered, any set- off which is available to him against the agent. However; a person not misled by the agent cannot claim this right

Upon discovering the identity of the principal, he must decide either to sue the principal or the agent. Once he has, through his acts, unequivocally, adopted the party to sue, he cannot then sue the other.

Scarf v Jardine (1882)

III THE RELATION BETWEEN THE AGENT AND THE THIRD PARTIES

General Rule: Since the agent functions to promote privity of contract between the principal ant the third party, he acquires no rights and incurs no liabilities with respect to these contracts which he signs as an agent. However, this general rule will not apply if he enters the contract in his private capacity.

What are the circumstances in which he may be personally liable for the contract?

Where the identity of the principal is known and clearly identifiable, the agent drops out of the picture as soon as the contract is made without acquiring any liabilities and rights.

Whether the agent is personally liable is frequently a matter of construction- need to look at the conduct of the parties, the wording of the document and surrounding circumstances if it is written.

Certain cases where the agent is clearly personally liable even though he contracts on behalf of the principal

1. Agent makes himself a party to a deed is legally bound even if there is a principal

2. Agent who signs his name as a party to a negotiable instrument eg. promissory note or bill of exchange will be personally liable even if he says that he is an agent or in a representative capacity. He must indicate clearly that he is signing only on his principal’s behalf

3. Agent acting for a foreign principal-may have some weight in deciding if it was the intention that agent should be personally liable to be sued as the principal

4. Agent who contracts on behalf of a non-existent company(principal) may incur personal liability

Kelner v. Baxter

5. Agent guilty of misrepresentation will be personally liable in damages for tort of deceit or negligent misstatement to the same extent as if he was acting on his own behalf _ also liable under Section 2(1) Misrepresentation Act 1967

The Name of the Principal is undisclosed

An agent who contracts as an agent but does not disclose the name of the principal is, as a rule, not liable on the contract which he makes. The construction of the words of the contract will play an important role here.

Courts are more ready to construe personal liability by the agent when the name of the principal is undisclosed.

If agent has contracted for an undisclosed principal, can he subsequently declare that he himself is the principal?

Answer- YES, for if the other party was willing to contract with an unknown principal, it is hard to think that the agent is the one person in the world with whom he would not contract with.

Schmaltz v. Avery

Facts: Contract of a charter party. Plaintiffs described themselves as the ‘agents of the freighter’. It was provided in the contract that since they contracting ‘on behalf of another party’ all personal liability on their part would cease when the cargo was shipped.

They then revealed themselves as the principals.

Held: They were entitled to do so.

Existence of Principal is undisclosed

If the agent does not make the existence of the undisclosed principal clear, the other contracting party has the legal to choose whether he will treat the principal or the agent as the party with whom he dealt. This is because the third party supposes that he is contracting with the agent and is entitled to the liability of the other party to whom he is contracting. The liability of the agent continues until the third party does something which indicates unequivocally that he considers the principal to be the party solely liable for the contract.

Unauthorized acts of the agents

Remedies available to third party

1. Sue on the warranty of authority ( implied promise provided by the agent that he has a principal and has the authority to contract);

2. Sue in an action of deceit;

3. Sue for damages for negligent mis-statement.

**********************************************

Guitar Chords/Tabs : Plain White Ts – 1 2 3 4

2009-05-04T10:30:00.001-07:00

[(B)2ndStr – 10th Fret] Intro starts at this note. Continue on your own =)

Verse 1:

(At this verse I personally would pluck instead of strumming)
D
give me more lovin then i've ever had.
A
make it all better when i'm feelin sad.
Bm                                            A
tell me that i'm special even when i know i'm not.
D
make me feel good when i hurt so bad.
A
barely gettin mad,
              Bm
im so glad I found you.
               A
I love bein around you.
             G
you make it easy,

           A
as easy as 1 2,(1 2 3 4.)


Chorus:
             D         A       Bm          A      G
theres only one thing two do three words four you.
G   D
I love you.
(I love you)

             D       A              Bm
theres only one way two say those three words
      A               G
and that's what i'll do.


G   D
i love you.
(i love you)

Verse 2:
D
give me more lovin from the very start.
A
piece me back together when i fall apart.
Bm                                               A
tell me things you never even tell your closest friends.
D
make me feel good when i hurt so bad.
A                                      Bm
best that i've had im so glad that i found you.
A
i love bein around you.

             G              A
you make it easy as easy as 1 2,(1 2 3 4.)

Chorus:
             D         A      Bm          A      G
theres only one thing two do three words four you.
G   D
i love you.

             D      A              Bm
theres only one way two say those three words
    A                  G
and that's what i'll do.
     D
i love you.  i love you

Guitar Solo( Listen to the song and play it by ear)

             G                A
you make it easy, its easy as 1234

Single Strum chords:

            D          A      Bm         A       G
theres only one thing two do three words four you
G   D (strum and Mute D)
i love you

Pickup Rhythm

             D       A             Bm
theres only one way two say those three words
A                G
thats what ill do
   D
i love you

Outro (play the intro twice. If u guys really have no idea its… A F# A E A D.. A B C# D .. F-D[Pull Off] D)




A G    D
i love you

Ill add onto the list in the vid ;)

Kevin and Diana, met at primary school. This song was rearranged by myself and played for her thanks to the PLAIN WHITE Ts

Guitar Chords/Tabs : Brian Mcfadden – Like Only A Woman Can

2009-04-29T01:56:00.001-07:00

Could not find any other version with standard tuning, so I am posting the Chords that should be played in standard tuning.

Chords: C G Am Em F (Yeah that sums up the whole song)

C I wasn’t perfect
G I’ve done a lot of stupid Am things
Still no F angel
C I wasn’t looking for G forgiveness
Wasn’t laid out by my Am pride
Shocked by her F attention

Em And someone signed me up for Am love
F I didn’t want it
But now I can’t G live without it..

C She changed my G life
Am She cleaned me up
She found my F heart
Like only a woman C can
She pulls me G up
When she knows I’m Am sad
She knows her F man
Like only a woman C can..

[Bass Starts]
C She’s kind of perfect
G She’s kind of everything I’m Am not
Yeah, she’s an F angel
C And it’s amazing how she’s G patient
Even more at times I’m Am not
She’s my F conscience

Em And who decided I’d be Am hers
F I wanna hate them
Cos now I can’t live G without her..

C She changed my G life
Am She cleaned me up
She found my F heart
Like only a woman C can
She pulls me G up
When she knows I’m Am sad
She knows her F man
Like only a woman C can
Like only a woman C can

[Stop strumming][Strum Once]
Em And who decided I’d be Am hers
F I wanna hate them
Cos now I can’t live G without her
Oooh, C and she changed my G life
Am She cleaned me up
She found my F heart
Like only a woman C can
She pulls me G up
When she knows I’m Am sad
She knows her F man
Like only a woman C can
Like only a woman C can
Like only a woman can
Like only a woman
Like only a woman can

-End-

Here is the song, got it from youtube so you guys can master the strumming pattern.

This song is dedicated to you. No one else.

CLP Law : GENERAL PAPER- TORT (AUGUST 1998): SAMPLE ANSWER

2009-04-25T02:26:00.001-07:00

GENERAL PAPER- TORT (AUGUST 1998): SAMPLE ANSWER

RE ZAMARI BIN HUSSEIN & ORS.

Part 1(a)

To claim damages, the plaintiff-victim will first have to establish liability. This requires the plaintiff to prove that the tortfeasor defendant had negligently caused damage to the victim. Need to prove the three elements of negligence in tort:-

(i) a duty of care;

(ii) breach of that duty; and

(iii) damages arising from the said breach.

The candidate has to discuss whether on the given facts negligence may be proven. The plaintiff has the burden of proof and the standard of proof applied is, of course, on the balance of probability. How is liability to be apportioned? Has there been contributory negligence on Bala’s part? The apportioning of liability is entirely at the discretion of the judge based on the facts of the case. Discuss whether Meena should claim against Z Contractors Sdn Bhd or against the Selangor State Government or both. Discuss whether Zamari should claim against Z Contractors Sdn Bhd or against the Selangor State Government or against Bala’s estate or all three. Is there any possible course of action in nuisance against Z Contractors Sdn Bhd and/or against the Selangor State Government?

Part 1(b)

Zamari has suffered personal injuries. Discuss the principles on personal injuries as applicable to the facts pertaining to Zamari. Consider the points that damages are meant to be compensatory and only one suit may be brought for one cause of action. Differentiate between the general damages and the special damages that Zamari might claim. In relation to general damages discuss the issues relating to pain and suffering, loss of amenities, loss of earnings (the appropriate multiplier and multiplicand to be used, prospects of future increases in salary, deductions for living expenses, the fact that Zamari has a lower paying job after the accident, proving his income), expenses for medical and nursing care(whether he can claim for cost of treatment obtained at a private hospital), cost of artificial limb (which type of artificial limb is he entitled to claim for), Zamari’s duty to mitigate his loss and interest.

Part 1(c)

Bala has died and therefore two possible claims may arise, ie dependency claim and estate claim.

Dependency claim

Discuss who may be considered as Bala’s dependants, what the actual loss of dependency was, the multiplier and the multiplicand to be used, Bala’s total income at the time of death (including income from the food stall), prospects of future increase in Bala’s earnings, damages for loss of consortium, appointment of damages, bereavement, contributory negligence on Bala’s part, whether the gratuity and insurance proceeds should be taken into account and interest.

Estate claim

Since Bala died on the spot there would be no medical expenses or claim for pain and suffering etc. The only possible claim here would be for loss or damage to Bala’s property.

Dell Studio 15

2009-04-20T05:31:00.001-07:00

Finally, a laptop in the family. We ordered the overpriced computer yesterday while shopping at PC fair which was flooded with people. Aside from the bum pushing and shoulders hitting one another, the trip was quite interesting. With no knowledge about laptop prices whatsoever, I must admit I was very much enlightened to the fact that Dell LAPTOPs gives more value for money than any other brand does.

A shot of the Studio 15 from Dell’s Homepage. Many people argued that the Studio 14 is better looking, true enough i agreed but i still feel this one offers more promising specs than Studio 14.

Processors

Up to Intel^® Core™2 Duo Processor T9400 (2.53GHz, 6MB L2 Cache, 1066MHz FSB)

High bin speed available: T9550, T9600, T9800

Operating System

Up to 64-bit Genuine Windows Vista^® Ultimate

Memory

Up to 8GB Dual Channel 800MHz DDR2 memory support.

Chipset

Upto Intel^® Cantiga GM45 (for UMA) and PM45 (for Discrete)

Graphics

Intel^® Integrated Graphics Media Accelerator 4500MHD

Studio 15 discrete upsells:

256MB ATI Mobility Radeon HD 4570
512MB ATI Mobility Radeon HD 4570

LCD Display

Glossy widescreen 15.6 inch LED HD display (1366 x 768)

Audio and Speakers

Intel High Definition Audio 2.2

Optional Creative Sound Blaster X-Fi MB Software Suite

Hard Drives

Up to 500GB configured with a 5400 RPM SATA hard drive

Up to 320GB with a 7200 RPM SATA HDD

Optical Drives

8X Slot Load CD/DVD Writer (DVD+/-RW)

6X Slot Load Blue-ray/CD/DVD Combo Drive

Power

4-cell 37WHr Li-Ion Battery

6-cell 56WHr Li-Ion Battery

9-cell 85WHr Li-Ion Battery

Camera

Built-in 2.0MP webcam

Wireless

Wi-Fi Options:

Dell Wireless 1397 802.11b/g Half Mini Card

Intel WiFi Link 5100 802.11 a/g/n Half Mini Card

Dell 1510 802.11 n Half Mini Card

Intel WiFi Link 5300 802.11 a/g/n Half Mini Card

Mobile Broadband Options:

Dell 5530 HSPA mini-card

Bluetooth Options:

Dell Wireless 370 Bluetooth Internal (2.1) mini-card

A very promising buy, for just RM2799 I got 2gb extra ram(Total of 4gb Ram) and the Radeon HD 4570 512mb instead of a integrated GPU.

Just for you people who tend to freak out after purchasing the Studio 15 thinking.. “WTH! How do I turn this on???”. Look up, that happens to be the ~~innovative~~ power button placed on the right side of the laptop also taken from Dell’s site. As the product has not arrived yet, I had to resort to extracting the pictures from their Studio 15 photo gallery.

Guitar Tabs/Chords : Iris – Goo Goo Dolls

2009-04-16T23:55:00.001-07:00

Listen to the actual song to get the strumming pattern.

Tuning: Standard tuning (EADGBE)


Intro: Bm-Bsus2-G


VERSE:
	D	Em	   G
And I'd give up forever to touch you
	 Bm	       A           G
'Cause I know that you feel me somehow
	   D	      Em	  G
You're the closest to heaven that I'll ever be
      Bm	    A		  G
And I don't want to go home right now


VERSE:
    D	      Em	    G
And all I can taste is this moment
    Bm	      A		      G
And all I can breathe is your life
    D	      Em	 G
And sooner or later it's over
       Bm	     A	      G
I just don't want to miss you tonight


CHORUS:
      Bm	     A	      G
And I don't want the world to see me
	 Bm		  A	 G
'Cause I don't think that they'd understand
     Bm		  A	     G
When everything's made to be broken
       Bm	   A	      G
I just want you to know who I am


VERSE:
	D		Em		 G
And you can't fight the tears that ain't coming
       Bm	 A	       G
Or the moment of truth in your lies
     D	        Em	       G
When everything feels like the movies
	  Bm		A	    G
Yeah, you bleed just to know you're alive


CHORUS:
      Bm	     A	      G
And I don't want the world to see me
	 Bm		  A	 G
'Cause I don't think that they'd understand
     Bm		  A	     G
When everything's made to be broken
       Bm	   A	      G
I just want you to know who I am


CONTRAST: 
|Bm|Bm/A|G|G|  x4

|Bm|Bsus2|G|G| x3

|Bm|Bsus2|

|G|F#m|G|Bm| - |G|F#m|Bm|Bm| - |G|F#m|Bm|Bm|

|Bm|Bm/A|G|G|  x4


CHORUS:
      Bm	     A	      G
And I don't want the world to see me
	 Bm		  A	 G
'Cause I don't think that they'd understand
     Bm		  A	     G
When everything's made to be broken
       Bm	   A	      G
I just want you to know who I am


       Bm	   A	      G
I just want you to know who I am   - x3


Outro: |Bm|Bm/A|G|G|  x4



Chords:
A          :x02220
Bm      :x24432
Bm/A :x04432
Bsus2 :x24422
G          :320033
F#m    :244222

Guitar Chords/Tabs : David Archuleta – A Little Too Not Over You

2009-04-11T21:58:00.001-07:00

ENJOY DUDES

Standard Tuning:
Capo On 1st Fret

Intro:
Em F#m Bm

Verse:
Em F#m Bm

Pre:
Em  F#/Asus4   G   D   A   G   A   (F#/Asus4 - 2×2200)

Chorus:
Bm   G   D   A (3x)   E   G   A

Bridge:
Em   G   D   A
Em   G   A…..

Intro – Ohh oohh oh…(Play Intro)

Verse I
It never crossed my mind at all
That’s what I tell myself
What we had is come and gone
You better offer someone else
It is for the best
I know it is
But I see you

Pre-Chorus
Sometimes I try to hide
What I feel inside
And I turn around
You’re with him now
I just can’t figure it out

Chorus
Tell me why
You’re so hard to forget
Don’t remind me
I’m not over it
Tell me why
I can’t seem to face the truth
I’m just a little too not over you

Verse II
Memories suppose to fade
What’s wrong with my heart
Shake it off let it go
Didn’t think it would be this hard
Should be strong, moving on
But I see you

Pre-Chorus
Sometimes I try to hide
What I feel inside
And I turn around
You’re with him now
I just can’t figure it out

Chorus
Tell me why
You’re so hard to forget
Don’t remind me
I’m not over it
Tell me why
I can’t seem to face the truth
I’m just a little too not over you

Bridge
Maybe I regret
Everything I said
And there’s no way
To take it all back
Yeah
Now I’m on my own
I wont let you go
I’ll never understand
I’ll never understand
Yeah, ohhh.

Chorus
Tell me why
You’re so hard to forget
Don’t remind me
I’m not over it
Tell me why
I can’t seem to face the truth
I’m just a little too not over you

Tell me why
You’re so hard to forget
Don’t remind me
I’m not over it
Tell me why
I can’t seem to face the truth
And I really don’t know what to do
I’m just a little too not over you

Not over you, ooh

Law : Tort Of Negligence – The Duty Of Care And The Standard Of Care

2009-04-11T13:56:00.001-07:00

INTRODUCTION

A tort is a civil wrong for which the remedy is an action for damages. Negligence is one of the most common torts and has become more important over the years.

The concept of Negligence owes much to the leading case of Donaghue v. Stevenson (1932), in particular the famous dictum of Lord Atkins which defines the duty of care: “ You must not injure your neighbour. You must take reasonable care to avoid acts or omissions which would likely to injure your neighbour. “

The tort of negligence comprises three elements. The Plaintiff suing in negligence must prove these three elements:

1. THE DUTY OF CARE

- This element determines whether the type of loss suffered by the plaintiff in all the circumstances of the case is actionable.

2. BREACH OF THAT DUTY OF CARE

- This element is concerned with the standard of care that ought to have been adopted in all the circumstances of the cases, and assesses the extent to which the standard of care exercised by the defendant fell short of that expected.

3. DAMAGE CAUSED TO THE PLAINTIFF BY THE BREACH

- This element covers the issue of fact and an issue of the law.

The issue of fact is the extent to which the actions of the defendant were the factual cause of the plaintiff’s loss. The issue of law is the extent to which the law recognises the loss sustained by the plaintiff and provides compensation for such loss. The former case is to be determined on all the facts of the case whereas the latter embodies the concept of ‘remoteness of damage’.

THE DUTY OF CARE

Donaghue v. Stevenson (1932) House of Lords

Facts: The plaintiff drank a bottle of ginger beer purchased by a friend from a retailer but was manufactured by the defendant .She discovered a decomposing snail in the bottle drink. The bottle was opaque so she could not see the foreign element in the drink. Consequently, the plaintiff claimed she suffered a serious illness and sued the manufacturer for negligence.

Held: The manufacturer of the products which is sold in such a form as to show that it was intended to reach the consumer in the form in which they left the manufacturer, with no reasonable possibility of an intermediate examination and with the knowledge that the absence of reasonable care in the preparation or putting up of the products will result in injury to the consumer’s life or property, owes a duty to the consumer to take reasonable care. The defendant had failed to take reasonable care and was therefore liable to the plaintiff for the injury which she sustained. The defendant manufacturer was liable for the tort of negligence.

A road user owes a duty of care to other road users, including pedestrians.

Roberts v Ramsbottom (1980)

B v. Islington Health Authority (1991)

Potts J was of the view that in personal injury cases the duty of care remains as it was pre-Caparo v. Dickman (1990), namely the foresight of a reasonable man as in Donaghue v. Stevenson, a finding that does not appear to have been disturbed on appeal.

BREACH OF THAT DUTY OF CARE

Question: What is the extent that the Law requires a person to exercise reasonable care and skill to prevent harm to others?

Blyth v. Birmingham Waterworks Co. Ltd. (1856)

“ Negligence is the omission to do something which a reasonable man, guided upon those consideration which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do “ - per Alderson B.

Note: The Law makes use of the concept of ‘ the reasonable man ‘ thereby ignoring the realities of the defendant’s situation in so far as they are different from the objective reasonable man standard. The standard of care required is the objective one of the reasonable man.

Who is the ‘reasonable man’?

The ordinary man, the average Joe on the street, the ‘man on the Clapham omnibus’

( Hall v. Brooklands Auto Racing Club(1933) ) – a notional man who is neither too unduly apprehensive nor over –confident. Purpose of this theoretical ideal man is to ensure objectivity and uniformity and eliminate the personal idiosyncrasies of the person whose conduct is in question.

The Objective Standard

- disregards the particular idiosyncrasies and weaknesses of the Defendant or person whose conduct is in question . It is the Trial Judge who will decide what is reasonable and what could have been foreseen.

Nettleship v. Weston (1971) Court of Appeal

Facts: Learner-driver defendant crashed into lamppost causing injuries to the front seat passenger. Question was the standard of care required for the learner-driver.

Held: The standard for a learner-driver is the same as that required for any other driver. The driver’s “incompetent best is not good enough”. Her inexperience was considered to be irrelevant.

Important points to consider:-

1. Unforeseen harm

A reasonable man would not take precaution against an unforeseeable consequence. Similarly if a particular danger is too unforeseeable and impossible to anticipate, the defendant has not breached his duty of care.

Fardon v. Harcourt-Rivington (1932)

“…. People must guard against reasonable possibilities, but they are not bound to guard against fantastic possibilities.”

2. What was the risk/likelihood of such consequence happening?

Bolton v. Stone (1951)

Fact: Cricket ball hit out of the ground onto the highway, striking and causing injury to the plaintiff. This possibility of occurrence was definitely a possibility and foreseeable as ball had been hit out of the ground before. Question is whether it was appropriate for a reasonable man to choose to disregard the possibility?

Held: The defendant was exonerated from liability-found not guilty. It was appropriate for a reasonable man to choose not to guard against the risk or danger. The incident had happened only 6 times in 30 years of cricket playing at the club.

3. The Professional Standard

A person possessing special skills and talent is not judged simply by the ordinary standards of the man on the Clapham omnibus but by the professional standard of other persons sharing that same special skill.

Bolam v. Friern Hospital Management Committee (1957)

“ a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of men, skilled in that particular art ….” -per McNair J.

A doctor is not negligent when acting in accordance with recognised medical practice

even if there is indeed a body of medical men that takes a contrary opinion.

This professional standard called the Bolam Test has been approved in:

Maynard v. West Midlands Regional Health Authority (1984)

Per Lord Scarman: “ a doctor who professes to exercise a special skill must exercise

the ordinary skill of his speciality.”

Whitehouse v. Jordan (1981)

When a person holds himself out as having certain professional/specialist skills, he will be judged by the objective standards of a reasonably competent man exercising the skill, even if in fact he does not possess the requisite skills. (Nettleship v. Weston)

4. Children

A parent is generally not liable for the tort of his children but he may be liable for his negligence in failing to supervise his own children in causing injuries to 3^rd parties or himself. The standard required is that of the ‘reasonably prudent parent’

Barnes v. Hampshire County Council (1969)

Carmarthenshire County Council v. Lewis (1955)

What is the standard of care expected of children/juveniles?

Not clear but it is likely that that the court will apply the standard of a ‘reasonable child’ of the same age as the defendant. Older children may be judged by the standards of an adult.

Law : Creation Of Agency

2009-04-09T03:04:00.001-07:00

Agency

NATURE OF AGENCY

Agency is employment to represent another person/party for the purpose of bringing him into legal relations with a third party. Agency is the relationship which subsists between the principal and the agent who has been authorized to act for him or represent him in various dealings with other parties. For example, Mr. Tan is holidaying in Hong Kong and cannot be present in Penang to sell his car or his house. Mr. Tan thus appoints another person to represent him in the transaction. Mr. Tan is the principal and that representative is the agent of Mr. Tan.

A minor can be an agent but he then cannot be sued for liability by his principal. As such, it is unwise to appoint a minor as one’s agent. But no one can enter into legal relations with a principal who is a minor or is operating outside his conceptual capacity.

The agent speaks for the principal and the agent, generally speaking, has no rights and liabilities under the contract.

CREATION OF AGENCY

5 ways to create an agency:

1. by actual authority (express appointment) given by principal to the agent;

2. by ratification of a contract entered into by the agent on behalf of the principal but without the principal’s actual authority given;

3. by an ostensible authority (implied appointment) given by principal to agent although no actual authority given;

4. by estoppel;

5. by an implication of law in cases of necessity.

In the first two cases, principal can sue and be sued by the third party and rights and obligations arise between the principal and third party. In the last three cases, the principal can be sued but cannot himself sue.

1. Agency by Actual Authority

Actual authority (AA) may be express or implied. The authority given by the principal to his agent is the express authority (EA) enabling the later to bind the former by acts done by the agent within the scope of that authority. This express authority may be given orally but is more usually given in a special (written/ by deed) form. However, if the agent is required to enter into a contract under seal, his own appointment must be made under a Power of Attorney, that is under seal.

Every agent has an implied authority (IA) to act in accordance with the reasonable customs, usages and traditions of that particular place, trade or market where he is employed. For example, if one is authorized to conduct trade as a dealer’s representative for his principal in the London Stock Exchange, he has IA to do such acts as are usual in that trade/business or that which is incidental to that trade or business.

2. Agency by Ratification by the Principal

The principal may subsequently ratify (adopt the benefits and liabilities of) a contract made on his behalf. Ratification is done in two ways:-

(a) When the agent at time of contracting was not in fact his agent yet as he had not received precedent authority.

(b) The agent is the authorized agent of the principal at the material time but he exceeded the authority given to him by the principal.

In both instances, ratification will place the parties in exactly the same position in which they would have been if the agent had authority of the principal at the contractual time. Ratification renders the contract as binding on the principal as if the agent had been properly authorized beforehand. It also operates retrospectively, that is, it dates back to the time when the original contract was made by the agent and not from the date of the principal’s ratification.

An unauthorized acceptance may be ratified even though the offer has in the meantime been withdrawn.

Bolton Partners v. Lambert

Fact: Managing Director of company. Purporting to act as agent for the company when, without its authority, he accepted an offer by the defendant for the purchase of some sugar works belonging to them. The defendant then withdrew his offer, but the company ratified the acceptance of the MD.

Held: Defendant was bound. Ratification related back to time of MD (agent)’s acceptance and so prevented the defendant from revoking his offer.

Rules which govern ratification

“ The agent must contract as an agent, for a principal who is in contemplation, and who must also be in existence at the time, for such things as the principal can and lawfully may do. “

(a) The agent must purport to act as agent for the principal who is in contemplation. He must not allow the third party to believe that he himself was actually the principal.

- the principal must be named or clearly identifiable. An undisclosed principal cannot step in after the contract to ratify the contract done by the agent.

Keighley Maxted & Co. v. Durant (1901) AC 240

The corn merchant who had contracted to buy wheat in his own name without mentioning the principal (appellants) was solely responsible for the purchase as the appellants were under no legal obligations to the respondents(the vendor). Any purported ratification by the appellants was invalid.

(b) The principal must be in existence at the time of the contract to enable ratification of

the contract.

Kelner v. Baxter (1866) LR 2 CP 174

Facts: Promoters of an as yet unformed company entered into contract on its behalf. Later the new company ratified the contract. Later, it collapsed and the agents (promoters) were sued upon the contract. Promoters pleaded that the liabilities had passed to the bankrupt company by virtue of the ratification.

Held: Agents were liable on the contract. Ratification is valid only if the principal was in existence at the time the contract was made. The company had no contractual capacity to make the contract as it did not exist at that time.

Note: In Malaysia. Section 35 of Companies Act 1965 provides that a contract entered into by a company or its agents (promoters) prior to its formation may be ratified by the company after its formation.

Ratification is valid only if the principal had the contractual capacity to contract at the time of the contract and at the time of the ratification

(d) The manner of ratification

Ratification may be made by words or conduct. Ratification must be based on a full knowledge of all the material facts and he must have the freedom to accept or refuse the contract. The principal must ratify the whole contract. He is not permitted to pick and choose only selected parts of the contract to ratify. The ratification must be made within a reasonable time and the ratification must not injure a third party

3. Agency by Ostensible Authority (Implied Appointment)

One situation where the law will infer the creation of an agency by implied appointment is when the principal, by his words or conduct, creates an inference among third parties that the agent has the actual authority to contract even though no actual authority was actually given to him. This situation may arise when the principal allows the agent to order goods and services on his behalf and he proceeds to pay for them. In such a scenario, if the agent contracts within the limits of the ostensible (apparent) authority, although without any actual authority, the principal will be bound to third parties by his agent’s acts.

Three (3) principles to be noted:-

1. The representation must be made by or with the authority of the principal.

2. The third parties must rely on the representations of the agent. The doctrine will not apply if the third party does not know or believe him to be an agent of the principal.

3. The agent’s want of authority must be unknown to the third party.

Chan Yin Tee v William Jacks & Co (Malaya) Ltd (1964) MLJ 290 FC

Facts: The appellant, Chan, and one Yong, a minor, were registered as partners in a business. At a meeting with a representative of the respondent company, Chan held himself out to be Yong’s partner. Business then commenced between the parties and goods were supplied to Yong but the price was not paid. The respondent company obtained judgment against Chan and Yong. They appealed to the Federal Court.

Held: Irrespective of whether Chan was a partner or not, Chan had the authority to do things on his behalf and as such, Chan was liable for Yong’s acts.

OA is seldom applicable where a person has never at any time had the authority to contract. OA is more likely to apply in situations where the agent goes beyond the limits of his actual authority, yet acts within the limits of an authority which he is made to appear to possess. In particular, a principal cannot privately revoke an authority which he has allowed his agent publicly to assume.

An employer cannot privately revoke an employee’s authority to purchase goods for him on credit from Mr. X when Mr. X has grown accustomed to look to him for payment for the goods ordered by the employee. The employer is estopped from denying that the employee’s authority was not still in existence.

The relationship of principal and agent may exist between the husband and the wife. There is a rebuttable presumption in law that a wife living together with her husband has the authority to pledge her husband’s credit for necessaries (sundry goods, household needs, food, etc) suited to their station in life. Once the cohabitation ceases, the presumption ceases and the tradesman must prove that the husband held his wife out to have his authority to contract. The tradesman must also show that the goods ordered were necessary and not extravagant. A husband who habitually takes upon himself the liability to settle his wife’s past dealings and purchases from tradesmen will remain responsible and liable for all such contracts unless and until he makes it known to the tradesmen that her agency has been determined. In other words, the presumption can be rebutted by the husband proving that:

(a) he expressly forbade his wife to pledge his credit; or

(b) he expressly warned the tradesman not to supply his wife with goods or credit; or

(d) his wife was sufficiently provided for with goods of the kind in question; or

(e) the order, though for necessaries, was unreasonable, considering her husband’s financial position at the time.

A tradesman who deals with a married woman on credit, does so, so as far as regards his remedy against the husband, at his own risk.

Section 7 of the Partnership Act 1961 (Revised 1974) provides that partners are each other’s agents when contracting in the course of the partnership business. Any act by a partner for carrying on in the usual way business of a kind carried on by the firm binds the firm and his fellow partners, even if the partner so acting has in fact no authority to act for the firm in the matter, unless the person with whom he is dealing knows he has no authority, or does not know or believe him to be a partner.

An undisclosed principal who employs an agent to conduct business on his behalf is liable for any act of the agent which is incidental to or usual in that business, although such act may have been forbidden by the principal.

Edmunds v. Bushell and Jones

Jones employed Bushell as the manager of his business in London under the name of “ Bushell & Co.” Jones forbade Bushell from drawing and accepting bills of exchange. Bushell breached this prohibition in accepting some bills and Jones was sued upon one of them by the plaintiff.

Held: Jones was liable. Neither the plaintiff nor any previous holder of the bill knew that Bushell was an agent of Jones.

4. Agency by Estoppel

If a person, by his words or conduct, allows a third party to believe that Mr. X is his agent, when Mr. X is not and the third party relies on it to his detriment, that person will be estopped or precluded from denying the existence of Mr. X’s authority.

5. Agency of Necessity

In certain situations, the law allows the agent to act for the principal without the knowledge and consent of the principal. These are known as agencies of necessity.

Examples of agencies of necessity:

1. The agency of the deserted or separated wife (with no means of support) to supply household needs for herself and her children by pledging her husband’s credit for necessaries. However, since the Matrimonial Proceedings and Property Act 1970 conferred on the courts extensive powers to protect the wives and children) against the husband’s wilful neglect, it was felt that the needs of the separated wife would be adequately protected by this Act. In consequence, S. 41 of MPPA 1970 abolished the wife’s agency of necessity.

2. A commercial agency of necessity occurs when a person is entrusted with another’s property and it becomes necessary to act speedily to preserve that property although he has no express authority to do so.

Great Northern Railway Co. v Swaffield (1874) LR 9 Ex 132

Facts: The railway company carried the defendant’s horse to its contracted destination but there was no one to pick up the horse. The station master did not know the address of the agent or the defendant and accordingly instructed that the horse be placed in a stable. The railway company later claimed for the charges of the stable. The defendant refused to pay.

Held: The plaintiff acted as an agent of necessity in this instance.

Conditions before an agency of necessity may arise

1. The course taken was the only practicable one under the circumstances. The agent of necessity had no opportunity in the time available of communicating with the principal.

Springer v Great Western Railway (1921) 1 KB 257

Facts: The defendants agreed to carry the plaintiff’s tomatoes from Jersey to Covent Garden market. The ship arrived late at Weymouth due to inclement weather. The defendants’ employees were on strike so the tomatoes had to be unloaded by casual labourers. Some of the tomatoes were found to be ad. The defendants decided to sell the tomatoes locally as they judged that the deteriorating tomatoes would not make it to the Covent Garden market in saleable condition. They did not communicate with the plaintiff. The plaintiff sued for damages in conversion based on the market price of tomatoes in Covent Garden

Held: The plaintiff was entitled to damages because the defendants had failed to communicate with the plaintiff when they could have done so. The defendants could not be said to be agents of necessity.

2. The agent of necessity had acted in good faith (honestly) in the interests of his principal.

3. The agent’s action is necessary to prevent further losses to the principal.

The classes of people who may claim to be agents of necessity is deliberately kept narrow and restricted by the courts.

DIFFERENT KINDS OF AGENCY

Bankers

Brokers

Auctioneers

Factors (agent to whom goods are consigned for sale purposes.)

Real Estate Agents

Solicitors

Del credere agents

Classification according to Extent of Authority

1. Universal Agent: A general agent with extensive powers to do all acts which a principal may personally do. The principal rarely awards such degree of power unless there are compelling and exceptional circumstances. This kind of agency is created by deed in the form of a General Power of Attorney.

2. General Agent: This is an agent who is employed on behalf of the principal to conduct a particular trade or business. The agent has power to do all that is usual in the ordinary course of his business or trade.

3. Special Agent: A special agent is appointed to perform a specific task or for a specific purpose and his authority is limited to the extent of that task, act or purpose.

Classification according to Functions

1. Del credere agents: These are agents who, in consideration for extra commission, undertake that the third party, will perform his obligations. Failure by the third party to perform his obligations under the contract will become the liability and responsibility of the del credere agents.

2. Factors: They are commercial agents entrusted with the goods of his principal for sale. They sell the goods under their own names without mentioning the principal. They hold a lien over the goods in their possession.

3. Brokers: Commercial agents employed to make contracts between the principal and third parties in return for a commission called a brokerage fee. The brokers do not contract in their own name and is usually not entrusted with possession of the property. Their duties are limited to finding purchasers for the products to be sold.

4. Auctioneers: Agents who are employed to sell goods of the seller by auction. They start off as agents of the seller but when they accept a bid from a buyer, they become agents of the buyer also. They have a discretion as to the selling price but this discretion may be limited by the imposition of a minimum or reserve price set by the seller. The auctioneers are liable for damages should they sell goods below the reserve price. However, the contract remains binding on the seller unless the buyer has prior knowledge of the auctioneer’s restriction.

5. Bankers: The bankers are agents for the customers. When they receive money from the customers, they are regarded as debtors in the sense that they are borrowing money from the customers. When bankers advancs loans to the customers, they are creditors lending money to the customers who then become debtors.

The employees of a bank are agents for the bank. Their duties are to their employer, the bank, which in turn owes a duty to the customers. The bank as the employer becomes vicariously liable for torts committed by its employees in the course of their businesses.

DUTIES OF PRINCIPAL AND AGENT

Duties of an Agent to his Principal

To obey the principal’s instructions
In the absence of instructions from the principal. To act according to the prevailing customs of that business
To exercise care and diligence in carrying out his work and to use such skill as he possesses
To render proper accounts when required
To pay to his principal all sums received on his behalf
To communicate with the principal
Not to let his own interest conflict with his duty
Not to make secret profits out of the performance of his duty.
Not to disclose confidential information or documents entrusted to him by the principal
Not to delegate his authority

Duties of Principal to his Agent

To pay the agent the commission or other agreed remuneration unless the agency relationship is gratuitous
Not to willfully prevent or hinder the agent from earning his commission
To indemnify and reimburse the agent for acts done in the exercise of his duties

*****************************************

Guitar Tabs/Chords : Jeff Buckley - Hallelujah

2009-04-08T07:23:00.001-07:00

In case some of you guys heard this song on American Idol, the original singer is Leonard Cohen but in my opinion the best version was sang by Jeff Buckley. Hallelujah, off his debut 1994 album “Grace”.

The song is very easy to strum and there are not many chords. Its also in standard tuning, that means you wont have to use a capo.

(C, Am, F, G, Em)



Intro: C Am C Am

  C                 Am
I heard there was a secret chord
     C                   Am
That David played and it pleased the lord
    F                G               C        G
But you don't really care for music, do you? 
        C                  F           G
Well it goes like this the fourth, the fifth
    Am                 F
The minor fall and the major lift
    G            Em             Am
The baffled king composing hallelujah

Chorus:

     F           Am          F           C    G   C
Hallelujah, hallelujah, hallelujah, hallelu-u-u-u-jah .... 

          C                        Am
Well your faith was strong but you needed proof
    C               Am
You saw her bathing on the roof
    F              G             C            G
Her beauty and the moonlight overthrew you
C                   F       G
She tied you to her kitchen chair
    Am                        F
She broke your throne and she cut your hair
    G                  Em            Am
And from your lips she drew the hallelujah


     F           Am          F           C    G   C
Hallelujah, hallelujah, hallelujah, hallelu-u-u-u-jah .... 

C              Am
Baby I've been here before
     C                       Am
I've seen this room and I've walked this floor
  F             G             C          G
I used to live alone before I knew you
C                          F      G
I've seen your flag on the marble arch
    Am                    F
But love is not a victory march
       G               Em          Am
It's a cold and it's a broken hallelujah

     F           Am          F           C    G   C
Hallelujah, hallelujah, hallelujah, hallelu-u-u-u-jah .... 

     C                         Am
Well there was a time when you let me know
       C            Am
What's really going on below
    F             G               C        G
But now you never show that to me do you
      C             F        G
But remember when I moved in you
        Am            F
And the holy dove was moving too
    G               Em            Am
And every breath we drew was hallelujah

      C               Am
Well, maybe there's a god above
    C             Am
But all I've ever learned from love
    F                G           C          G
Was how to shoot somebody who outdrew you
     C                  F       G
It's not a cry that you hear at night
     Am                 F
It's not somebody who's seen the light
       G               Em          Am
It's a cold and it's a broken hallelujah
   
     F           Am          F           C    G   C
Hallelujah, hallelujah, hallelujah, hallelu-u-u-u-jah ....

Foreigners Assaulted And Looking For Answers

2009-03-31T07:34:00.001-07:00

Dated : 30th March 2009

I write today because I was assaulted this weekend by a deadly weapon, watched a female colleague of mine get hit by a man, and I feel as though its my responsibility to make sure similar events like this do not take place again.

Living in Malaysia for the past ten months, I have seen a lot of ‘Malaysia Boleh’. Most people here are friendly, helpful and live peacefully. I have met wonderful people from each of Malaysia’s dominant ethnic groups ( Malays, Indians and Chinese) and seen harmony in practice between this country’s main religions (Islam, Christianity, Buddhism and Hinduism). Lecturing here, I have met many Malaysian students who symbolize this country’s potential for a ‘bright future’.

On the contrary, I have heard many stories of racial tension, hatred and violence. Daily I hear negative things about another race or religion. People from one group will talk about ‘the other’ as the problem, confiding in me like I agree, or think similarly. Everyday people treat me (tall,white,Canadian male)well. I am greeted as ‘sir’ or ‘boss’ with utmost respect, and kindness. However, I sometimes question whether this treatment is ‘superficial’ or ‘fake’. If I were not a tall white Canadian male, would people treat me this well?

This Friday, I sadly became the focus of a ‘group’s’ hatred, jealousy, and racist feelings. I attended a local club at Sunway Pyramid called Bar Celona with three of my colleagues from the college. After we had been there a couple of hours, the shift manager came over and accused us of drinking an extra jug of beer, saying that we needed to pay more money. This was a false accusation, and they would not leave us alone, telling us to pay them more. They started pointing in our faces calling us liars. I asked them if it was a race issue; the only foreigners in the bar being picked on and harassed. One of the bouncers asked me if I wanted to fight, and if I did we could take this outside. I did not want to. We were the only foreigners in the whole bar, and right from the start these workers seemed to want to fight us.

All of a sudden I was hit on the top of my head with a bottle by one of the bouncers. At least five of them had surrounded me and I was bleeding profusely. Another bouncer hit me again in the head with another bottle. Neither bottle shattered as I am guessing they were full. When I opened my eyes, one of the big bouncers punched me in the face. I was afraid for my life and realizing they were trying to kill me, I punched him back. My female colleague was being held back and my other two friends were still in discussion about this petty money issue at another end of the bar. After I threw my first punch the bouncer tried to throw me down the metal escalator. Had I not caught myself on the way down, I surely could have died. Once at the bottom they kept pushing me; ten to fifteen bouncers were following me.

The female colleague of mine tried to hold one of them back, yelling to them to stop. She was met with a punch from the bouncer. This man attempted to punch her in the face. Luckily he only brushed her face and ended up punching her shoulder. He grabbed her and tried to pull her to the ground, knocking her personal belongings out of her bag. They never actually asked us to leave the bar.

I was standing on the street with the bouncers coming up to me, putting their fists in my face, yelling and giving me the finger. At least one hundred pedestrians were watching, passive and surely thinking that I am some tourist looking for a fight, or starting one in the bar. I was covered from head to toe in blood as we got in a taxi. Although I received sixteen stitches for the two giant gashes on my head, and a brain scan to look for glass pieces in the wound and any internal damage, the main thing that has been hurt is my confidence in Malaysia.

I have always been positive and optimistic about this country and the people. I have given 100% to my students and the local community. As a social science teacher I teach a course called ‘Individuals and Families in a Diverse Society’. My job is to promote acceptance, unity and harmony amongst diverse peoples. This event crushed my confidence in Malaysia. If this country is ever going to be truly ‘developed’, the focus cannot be solely on the economy. Acceptance and equality of different genders, races, religions/non-religions, abilities and interests are also important components to ‘development’. Diverse peoples must find a way to get along.

With development and globalization comes ‘foreign peoples’. These people do not and should not expect to be given preferential treatment. Everyone regardless of race, religion or nationality should be respected, treated fairly, and given their basic human rights. This weekend workers employed by the establishment Bar Celona tried to kill me with a weapon and assaulted a female in front of their bar. This is not acceptable behavior and cannot be passed off as part of the ‘Malaysian experience’. Bouncers are in a bar to protect the patrons, not to assault them.

Here I am getting my 16 stitches

Here you can see where both bottles hit my head. The one wound is bigger than the other.

Here is me once i got home and was really in shock. My blood soaked t-shirt is in my hand and i am making a peace gesture unintentionally

Written by Colin Shafer

Mr Colin is a lecturer from Taylor's University College.

Amazing how these people can disgustingly find fault in him. Spread the word around as this might help this incident reach the news and further condemn Bar Celona. Seriously, I was really ashamed of the way us Malaysians were portrayed in his description. I am so sad to say that it is the truth. Among us lives a number of uneducated scumbags who are plain itchy to pick up a fight with anyone. Hope you guys who read this up to this point realize the horrific truth about life in Malaysia and despite its futile efforts to improve the issues regarding racism, it even takes place during political debates offending thousands of citizens in Malaysia. This is all the same but at a lower scale.

Well lets just hope Mr.Colin is recovering at a healthy pace as you read this!!

Mr.Colin most probably will not have sufficient confidence to report this to the local authorities at the meantime, so lets do our share to help him and our very own decaying community. Thank you.

[PC] The Last Remnant

2009-03-30T12:23:00.001-07:00

Square Enix released its latest installation, for the Xbox360, PS3 and PC.

I present you..

WTF? Some geeky anime?

That’s where you are so wrong.

And its for computer gamers. Powered with Unreal Engine 3, it can even run on lower end VGA cards. Its a turn-based RPG, something like Final Fantasy with a twist to it, this time battles are fought in groups up to 70 units. A group consists of 5 units each and players can control many different groups at once, making battles even more decisive and challenging. Some battles are pretty hard so be prepared to view the GAME OVER sign over and over again.

There are no cinematics, even the cut scenes are purely in-game graphics. I really recommend this to all those Square Enix fanboys out there. Enough said, aint gonna spoil the fun xD

Guitar Chords : Jay Chou – Cai Hong (Rainbow)

2009-03-27T12:57:00.001-07:00

“Dedicated to the owner of Confessions of a Draco Lover”

C Dm7 Em Dm7 C Dm7 G

C Dm7 Em Dm7
哪裡有彩虹告訴我
Na li you cai hong gao su wo
Tell me, where can I find rainbows?

C E Am Am/G
能不能把我的願望還給我
Neng bu neng ba wo de yuan wang huan gei wo
Can you return my wish back to me?

F G Em Am7
為什麼天這麼安靜
Wei shen me tian zhe mo an jing
Why is the sky still so calm?

Dm9 Gsus4 G
所有的雲都跑到我這裡
Suo you de yun dou bao dao wo zhe li
All the clouds have amassed above me

C Dm7 Em Dm7
##有沒有口罩一個給我
You mei you kou zhao yi ge gei wo
Do you have a spare face mask to lend me?

C E Am Am/G
釋懷說了太多就成真不了
Shi huai shuo le tai duo jiu cheng zhen bu liao
Because I said too much, now it will not eventuate

F G Em
也許時間是一種解藥
Ye xu shi jian shi yi zhong jie yao
Maybe time is an antidote

Am7 Dm9 Gsus4 G
也是我現在正服下的毒藥
Ye shi wo xian zai zheng fu xia de du yao
Or the poison I'm taking right now

F G(3) Em Am7
看不見你的笑我怎麼睡得著
Kan bu jian ni de xiao wo zen me shui de zhao
Without seeing your smile, how can I sleep?

Dm7 Gsus4 C9
你的聲音這麼近我卻抱不到
Ni de sheng yin zhe me jin wo que bao bu dao
Your voice is so close yet I cannot hug you

Em9 E Am7 Am/G
沒有地球太陽還是會繞
Mei you di qiu tai yang hai shi hui rao
The sun will continue orbiting even without the Earth existing

D Gsus4 G
沒有理由我也能自己走 ##
Mei you li you wo ye neng zi ji zou
I can walk away from you without a reason

C E Am7 Am/G
**你要離開我知道很簡單
Ni yao li kai wo zhi dao hen jian dan
You want to leave, I know it is (a) simple (thing)

F Gsus4 C G
你說依賴是我們的阻礙
Ni shuo yi lai shi wo men de zu ai
You said reliance was the major barrier between us

C E Am Am/G Am/#F
就算放開但能不能別沒收我的愛
Jiu suan fang kai dan neng bu neng bie mo shou wo de ai
If you choose to let go but don't remove my love for you

Dm7 Gsus4 C
當作我最後才明白 **
Dang zuo wo zui hou cai ming bai
I'll just pretend that I understand in the end

Repeat ## **

RAP
C E
看不見你的笑要我怎麼睡得著
Kan bu jian ni de xiao yao wo zen me shui de zhao
Without seeing your smile, how can I sleep?

Am Am/G
你的聲音這麼近我卻抱不到
Ni de sheng yin zhe me jin wo que bao bu dao
Your voice is so close yet I cannot hug you

F G
沒有地球太陽開始會繞…會繞
Mei you di qiu tai yang kai shi hui rao … hui rao
The sun will continue orbiting even without the Earth existing…orbiting

C G
沒有理由我也能自己走掉
Mei you li you wo ye neng zi ji zou diao
I can abandon you without a reason

C E
是我說了太多就成真不了
Shi wo shuo le tai dou jiu cheng zhen bu liao
Because I said too much, now it will not eventuate

Am Am/G
也許時間是一種解藥…解藥
Ye xu shi jian shi yi zhong jie yao… jie yao
Maybe time is an antidote… antidote

F G C
也是我現在正服下的毒藥
Ye shi wo xian zai zheng fu xia de du yao
Or the poison I'm taking right now

Repeat **

Guitar Tabs/Chords : The Calling – Wherever You Will Go

2009-03-26T04:01:00.001-07:00

Recently played this song on my computer, doesn’t it just bring back memories?

Decided to post the tabs/chords here for you guitar players out there. Note that this can be played with either a Acoustic/Classical/Electric guitar.

***Capo on the 2nd fret***

CHORDS

C – x32010
Gadd4/B – x2001x
Am7 – x02010
F6/9 – 1x001x
Gsus4 – 3x001x
G – 320033
F – 133211
Em – 022000

______________________

{Intro} – C Gadd4/B Am7 F6/9 Gsus4

[VERSE-1]

[C]so lately, [Gadd4/B] been won-d'rin '[Am7] who will be there[F6/9] to take my [Gsus4]place.

[C]when I'm gone,[Gadd4/B] you'll need love[Am7] to light the [F6/9] shadows on your[Gsus4]face.

[C] If a great[Gadd4/B]wave shall fall,

[Am7] it'll fall [F6/9]up on us [Gsus4] all,

[C] Then between [Gadd4/B] the sand and stone,[Am7] could you make [F6/9]it on your own.

[CHORUS]

[C] If I could, [G] then I would,[Am7] I'll go wher[F]ever you will go.

[C] Way up high, [G] or down low, [Am7] I'll go wher[F]ever you will go.

[VERSE-2]*same chord progression*

And maybe, I'll find out, the way to make it back some day. To watch you, to guide you through the darkest of your days. If a great wave shall fall, it'll fall upon us all. Then I hope there's someone out there who can bring me back to you.

[CHORUS]

[C] If I could, [G] then I would,[Am7] I'll go wher[F]ever you will go.

[C] Way up high, [G] or down low, [Am7] I'll go wher[F]ever you will -- {*Goes to Bridge*}

[BRIDGE]

-- [Am7] Go . . . [F] run away with my heart[G]

[Em] run away with my hope [Am7]

[F] run away with my love [G] [Em] [D.S.Coda]

[C] I know now, [Gadd4/B] just quite how [Am7]my life and love[F6/9] might still on.

[C] In your heart, [Gadd4/B] in your mind,[Am7] I'll stay with you [F] for all of time.

[CHORUS]

[C] If I could, [G] then I would,[Am7] I'll go wher[F]ever you will go.

[C] Way up high, [G] or down low, [Am7] I'll go wher[F]ever you will go.

[OUTRO-CHORUS]

[C] If I could [G] turn back time, [Am7] I'll go wher[F]ever you will go.

[C] If I could [G] make you mine, [Am7] I'll go wher[F]ever you will go [C]

[Am7] I'll go wher[F]ever you will go . . . [C] [G] [Am7] [F] . . .

--End--

Questions? You can reach me through the comments feature.

Slumdog Millionaire

2009-03-24T12:37:00.001-07:00

Hey, its my first time reviewing a movie so I am gonna start with a good one.

Winner of 8 Academy awards,

I know, caught me out off guard too. One moment I was telling my friend that the show does not sound good. Kinda judged it by the title XD. By the time I knew it I was already inserting the movie into the DVD player.

The story of Jamal Malik,

an 18 year-old orphan from the slums of Mumbai, who is about to experience the biggest day of his life. With the whole nation watching, he is just one question away from winning a staggering 20 million rupees on India's "Who Wants To Be A Millionaire?" But when the show breaks for the night, police arrest him on suspicion of cheating; how could a street kid know so much?

Desperate to prove his innocence, Jamal tells the story of his life in the slum where he and his brother grew up, of their adventures together on the road, of vicious encounters with local gangs, and of Latika, the girl he loved and lost.

Each chapter of his story reveals the key to the answer to one of the game show's questions. Each chapter of Jamal's increasingly layered story reveals where he learned the answers to the show's seemingly impossible quizzes.

But one question remains a mystery: what is this young man with no apparent desire for riches really doing on the game show? When the new day dawns and Jamal returns to answer the final question, the Inspector and sixty million viewers are about to find out. At the heart of its storytelling lies the question of how anyone comes to know the things they know about life and love.

That’s about it, I really recommend you guys watch it. I actually think that this movie surpasses the ass-wrecking Curious Case Of Benjamin Button. Not that I don’t enjoy Benjamin Button, but they are both just not in the same league.

[PC] Warhammer 40k : Dawn Of War II

2009-03-22T02:17:00.001-07:00

Thousands of excited fans worldwide were waiting for the release of the highly anticipated strategy-role playing game,

Dawn Of War II

Now that its finally released, guess what? An astonishing number of sites reviewed it as one of the most original strategy game of the year. Dawn of War II is receiving ratings from 8.5 to 9.5 out of a total of 10 which none of its predecessors have ever achieved.

The game features four races which are Space Marines, Orks, Eldar, and Tyranids.

The Space Marines (or Adeptus Astartes) are elite soldiers enhanced to superhuman levels through brain therapy, surgical modifications, and hypnotic indoctrination. Several variations exist, such as Chaos Space Marines and the Grey Knights.

The Orks are a race from the fictional Warhammer 40,000 universe. They are in some ways equivalent to Warhammer Fantasy Orcs, particularly in terms of their physical appearance, but vary in some biological and cultural details (though they still go to war because they think it is fun). They are seen by their enemies (everyone else, and sometimes each other) as savage, warlike and crude, but they are the most numerous species in the whole galaxy. However, the power of the Ork race as a whole is limited since they are split into countless tiny empires, often warring between themselves. In the rare occasion that the Orks ever do unite, they are capable of destroying whole civilizations in a massive migration-invasion known as a Waaagh!

The Eldar are a race of elf-like humanoids. They are one of the most ancient and advanced races in the universe's history, though younger than the Necrons, C'tan and the Old Ones. Their armies usually have the advantages of speed and technology.

Tyranids are a nomadic alien race comprising many genetically engineered forms (see Tyranid genetics) created from harvested bio-mass. They are the "Great Devourer" and are the "most alien race" in the Imperium. They are an "elemental force" that seeks to consume all in their path, draining all planets of any possible resource with horrific speed and power.

Enough said, lets get to the gameplay.

The gameplay is pretty simple yet there are limitless strategies. You start off with choosing a race, then selecting your opponent. The game is also playable in both single player and multiplayer modes, this means new players can battle with an AI player before facing off against actual players.

That is a screenshot from the game. Orks versus Space Marines.

Realistic mechanisms like taking cover behind boulders and fences makes the game much more interesting.

Hero selection is pretty simple. Note that each heroes has its own different skills, so it suits different kinds of players according to their own separate strategies. You will obtain more skills in game when your faction obtains more resources.

Every unit has their own special skills that they can master with sufficient resources. The battle system is very addictive, I say so because I have played the game in and out myself.

To get things straight, you don’t need to build any buildings or farm resources. There are a few options in this game, capture nodes, destroy, demolish, destroy, wreck stuff, destroy and raise hell. Units are trained from the main building which happens to be the only building in the game aside from the nodes and power generators.

Believe it or not, for all those die-hard fans out there, the game offers even an army painting system. Paint your armies from a wide selection of colors and name your color scheme! Nothing beats sending your own masterpiece into the blazing heat huh?

Okay I gotta be frank here, to run this game smoothly on your computer, you are gonna have to get at least a Geforce 8k Series card. I have a friend whom has 7600GT and the lag will make you sick. I recommend 8600GT and above, with at least 2Gbs of RAM. Hope that gives you guys a clear view of the requirements. Don’t worry about the CPU, single cores will do though its better on double-cores.

All right, I might have said too much…. no more spoilers eh? =D

To those Warhammer fans out there, I can only say that this is a truly original piece of art.

The Attributes of a Good Law Student

2009-03-22T00:53:00.001-07:00

By Moody Blues.

I make no claim to being a good lawyer. The truth is I was a good law student having completed my LL.B(Hons) University of London in 1998, took only a year to knock off the certificate of Legal Practice in 1999 and was called to the Malaysian Bar in Year 2000. So if you don’t mind, I know what I am talking about here.

What are the attributes of a good law student? Hmm, let me list them below:

Butt Power – Oh boy, there is no way to escape the long hours of mugging. You may have an IQ of 150 but if there is no commitment to sitting down to distillate your lecture notes and understanding the cases, the chances are pretty good you will struggle. Yes, you may endure hunger pangs and yes, you will have to sacrifice your mall-crawling and hot dates to an extent. There is nothing glamorous in mugging quietly away in the library but it does promote a greater affinity towards the written words!!
An Analytical Mind of the legal principles and the facts in cases is a basic ingredient for success in law studies. This requires you to see the larger picture, the ability to differentiate and spot similarities between facts found in different cases. We all know an analytical mind is synonymous with a successful lawyer but an analytical mind is also a basic prerequisite of law studies. A good exam script must reflect not only a clear understanding of the facts of the situation presented but to apply the legal principles and the doctrine of judicial precedents to the facts of the case.
Fluency in English – Every law student read notes and law books which are mostly still in English. Most private colleges conducting the LL.B from University of London and Bachelor of Jurisprudence from University Malaya do so in the English Language. Understanding of legal principles is facilitated by fluency in English. After all, how can one put arise a legal point when he is struggling with his grammar and tenses!
Commitment to the cause – Passing the LL.B and Bachelor of Jurisprudence is relatively easy. The certificate in legal Practice is an entirely different kettle of fish altogether. The failure rate for the GLP Examination is notoriously high, anything between 20-35% pass rate each year only! I know of many candidates sitting for the CLP three or four times. Imagine your entire life in limbo for 4 years. A more frustrating and excruciating experience is hard to imagine! Which is why ladies and gentlemen, you need to put your shoulders to the wheel and exhibit some gumption ( what the more uncouth ones call “BALLS OF STEEL”). One needs to be fully committed to walk towards the light at the end of the tunnel and climb your personal Everest. I personally know of CLP candidates suffering sleepless nights, passing blood, enduring body itches, popping sleeping pills in the weeks leading up to the CLP examination. About ten years ago, a CLP candidate was caught molesting a sweet young thing in an apartment lift in Cheras. His excuse was that he was suffering CLP examination stress!

Now, if that does not beat them all!

I hope you have gained some insight into the road you are about to take. It is a long and winding road but if I can do it, so can you. Just know that at the end of the journey, you know that you are made of sterner stuff than you think.

It is always in adversity that we begin to appreciate our strength and weaknesses. Nothing worthwhile having is easily achieved so the struggle will make a man/adult out of you. Let us just say that if you can pass the CLP which is the mother of all examinations, you should have no fear for examinations the rest of your life. I know this to be the absolute truth. Finally, I wish you good luck and happy reading. You can do it because I have walked down that road before.

- End -

I’m going to write a review on Dawn Of War II[PC] next for it was requested by Alvin Khaw. More updates to the site will soon be applied.

[PC] Dead Space

2009-03-18T22:42:00.001-07:00

Talk about great games, this one will utterly blow your mind to bits.

Got this over a month ago from local stores and I must say, it certainly lives up to its expectations. Gamespot reviewed it and gave it high ratings, I went over to other sites and they rated no differently. There is also this controversy that it may very well be one of the scariest Third Person Shooter game ever developed. What differentiates this game from any other FPS/3rdPS is the atmosphere generated in-game. Every single detail in the game is terrifying in a creepy way.

Everything is pretty gory in the game.

If you are wondering, yep that is the in-game graphics. Oh don’t worry, it will run well even on older cards like 7600GS.

The game also runs smoothly on mediocre PC’s like mine. I have a Intel P4 2.8GHz with 4Gigs of Ram and a 9500GT DDr3 512MB. RAMs are also getting cheaper and they sell for roughly RM70 each (2 GBs)

A very cheap upgrade for so much power.

This one shows the main character fighting off a mini-boss. Really really cool.

“Epic”

Post-SPM Options

2009-03-17T22:45:00.001-07:00

Reviewing your options after form 5 is wide-ranging and each individual will have to walk their own road to seek their fortune if life. My road may not be yours. Please allow me to give you a quick take on your options and its pros and cons.

Form six education used to be the overwhelming choice of students seeking a pathway to a university education. Between the 1960s to the 1980s, private colleges were few and frequently found in KL and Penang only. Over time, studying in Form 6 gradually lost its appeal due to various reasons.

The difficulty of getting a place in the local university (There were only five in the 1980s and only five students out of 100 entering Primary school could reap a university education);
The likelihood of not being accepted into one of your choice faculties (especially much-sought after courses like medicine, Law, Engineering and Accounting ) was high.
The introduction of race quotes worsen the chances of the non-Bumiputera candidates
The steady proliferation of private colleges offering a surer and faster access to a degree, not to mention a more prestigious degree
Twinning Programmes like 2+1 and 1+2 programmes offered Malaysian students an opportunity to gain overseas education experience without costing their parents an arm and a leg. Variation of twinning programmes are the American Degree Transfer programme offered by INTI College
The growth of private universities like UTAR, Petronas University, Tenaga University, Multimedia University, Lim
Kok Wing University and UNITAR widen the range of options further.

What is my position? You may think it strange to hear this but I really believe there is a lot to be said about continuing your education in Form 6. Allow me to list the reasons.

Almost free education. In fact, good students with 8A’s in SPM enjoy pocket money of
RM200 per month
Accessing a local public university means tremendous saving for your parents
Should you screw up and fail to qualify for a local public university, one can always apply to any of the private colleges or universities which are basically businesses selling pieces of paper to you.
Prestigious universities like UNSW, Monash, ANU, NUS, Nottingham prefer applicants with STPM or A-Levels Qualification. Diplomas awarded by local colleges may not entitle them to apply and even if allowed to, will not entitle them to entry into 2nd year of university.
Form 6 education is more rigorous than studying for a certificate/diploma in college. Consequently, my view is that the STPM promotes hard work, reading of newspapers and magazines and generally does a better job at moulding quality students.

Who are those who enter Form 6 today?

Students from poor or relatively poor families.
Extremely bright students who fail to get scholarships to go overseas
Bright students who are confident of their chances of getting a place in their preferred faculty in a local public university.

In conclusion, going to Form 6 or applying to private college or a public university are the usual options open to a post SPM student. What the heck, one could also drop out a few years and gain work experience. Studying part-time, doing an online correspondence course, learning a trade are other options available. Afterall, there is more than one way to skin a cat. Howard Gardner talks about multiple intelligences and the failure of schools to teach various important forms of intelligences like financial intelligence, spatial intelligence and interpersonal intelligence. Very true and you are given a hint that going to school/college/university will not necessarily make a Donald Trump or Robert Kiyosaki out of you. Anyone game for the school of Hard Knocks??

del.icio.us Tags: SPM Options,Education,University

[PC] Fallout 3

2009-03-17T13:45:00.001-07:00

Recently Bethesda Softworks released its third sequel of the Fallout series, Fallout 3. I read many reviews and they gave me the thumbs up to buy this piece of art.

The game revolves around a modern replica of our world in the near future contaminated with the effect of atomic bombs. The outside air is filled with radiation and so you control this character raised in the vaults away from the outside world better known as the Wastelands.

The good thing about this game is that you can create your own self-modified character. Skin color, race, hair, you name it. Equipped with seemingly limitless variety of weapons, you escape from the vaults to trail your father, who has ran away from your home.

Above is a screenshot of the wastelands, waiting to be explored by you. The game can be played from First or Third Person’s point of view although personally I prefer first person mode as its harder to see where you are walking. You might never know when there is a land mine right ahead.

Pretty amazing graphics there eh?

To top it all, there is a innovative karma system which actually takes into account every single deed and sin you commit. Take for example, killing a innocent civilian might reduce your karma resulting in random people around the city beating you up to a pulp. Talk nice, behave nicely and you might just be on the good side of people. So for you people contemplating whether to get this game or not, think no further.

I’ll be reviewing Dead Space[PC] very soon with more updates to the site.

The Ass Whooping 9500 GT

2009-03-15T11:42:00.001-07:00

About a month ago, I was suffering from extreme lag on my computer due to the poor VGA card installed in my system. This was where I decided to put a end to it once and for all. My previous card was Radeon 9550, for you people who never heard about it, i aint surprised. It does not perform any better than a Geforce 4 and due to its limitations, I even lag on Warcraft 3. See how bad it is? So, I collected all my ang-pows and upgraded the VGA card to…

The Geforce 9500 GT Ddr3 512mb.

Running perfectly on modern games like Fallout 3, Dawn Of War II, Bioshock, Dead Space and Need For Speed Undercover. Costing only RM280, it is the best buy for PC users whom are willing to spend a small sum on upgrading their computer. For the record, I bought it from PC Depot as the price is pretty much cheaper than any of the replicas sold in nearby stores. Reviews says it has half the performance of a 9600GT but what the hell, it is so much cheaper.

The C-310

2009-03-14T23:41:00.001-07:00

Well, today I am going to brag about this baby.

The C-310, which has served me well throughout the years recently snapped a string. I had it fixed up two days ago and it is currently up and running.

Here is a picture of it

Just gorgeous isn't it? My parents bought it for me when I was 13 years old and it has played thousands of songs for 7 long years. I would not call it the best guitar of its range, but I have an affection for this particular one. RM 199 was its price, and you will not see it in nearby stalls anymore as it is a really old model.

The difference between my C-310 and those overpriced classical guitars is the soul i put into mine. Despite the many dents here and there I still reckon this one stands out the most within its price range.

Triple Columns

2009-03-14T23:04:00.001-07:00

Yesterday, I happened to stumble across many blogs that has three columns. One of them was owned by one of my oldest friends, Alvin Khaw. His blog features his hobby of painting Warhammer 4000 miniatures, and I have to admit he is pretty good at it. Here is the link to his site..

http://GluedMyFingers.blogspot.com

As you can see his blog is very stylish yet simple, and it brings out an easy-to-read sort of feeling, the feeling that you do not get when you visit those fancy, over-designed blogs with loud music. More importantly, he was the one who guided me with the triple columns in my blog. So, Thank you Alvin. Lol

I was thinking of posting guitar tablatures and chords here to broaden the variety in the blog. Sounds good?

Updates:

Added Nuffnang Ads. I don’t know why the banners still aren’t appearing. But, feel free to click on them when you see them =D

Implemented triple columns, this will help visitors navigate and search the blog with ease.
Will soon link a couple of my friends with interesting blogs, so till then I might just continue searching for articles to post up here.

Friday the 13

2009-03-13T01:46:00.001-07:00

Today is, nostalgically Friday the thirteenth. Never remembered it occur twice in such short intervals. After suffering from long hours of boredom today, finally a couple of my friends decided to go out. Guess the venue?

Well i got the picture from another site. The picture shows a large crowd gathering in front of the cyber cafe. I guess it portrays Infinity at its best moment when it just sprouted. The front walkway is pretty much deserted right now.

Concerning the site, very much added a few widgets here and there. Look at the brand new spanking chat box… makes you wanna try it out dont ya? Lol.

Thats all for now. Will update soon with more additional stuff to the site.

LiveJournal Tags: Infinity,Cyber Cafes,Friday The 13th

First Entry

2009-03-12T22:29:00.000-07:00

As the title says, its the blog's first post. I hope for more to come in the future along with many other changes and improvements to the theme and display of the blog.