Production, consumption, and exporting of tea

Production, consumption, and exporting of tea QUESTION 1(i) Production, Consumption, and Exporting of tea Tea, like coffee is a typical favorable beverage among many. Tea is therefore produced in many countries. The annual world production of tea is about 2.9 million tones. Countries that have the most production of tea and largest tea plantation are China and India, followed by Kenya and Sri Lanka. China is the only country that produces non fermented tea (green tea), semi-fermented tea (Oolong tea), and other various kinds of fermented tea which also includes black tea. In India alone, the tea production is about 750,000 tones. Below are the total productions in tones of each country for the year 2006 and 2007 Productions in tones. Figures for years 2006 2007 Country 2006 2007 China 1,047,345 1,183,502 India 928,000 949,220 Kenya 310,580 369,600 Sri Lanka 310,800 305,220 Turkey 201,866 206,160 Vietnam 151,000 164,000 Indonesia 146,858 150,224 Japan 91,800 94,100 Argentina 72,129 72,000 Iran 59,180 60,000 Bangladesh 58,000 58,500 Malawi 45,009 46,000 Uganda 34,334 35,000 Other countries 189,551 193,782 Total 3,646,452 3,887,308 Tea is consumed around the world especially in British countries such as United Kingdom and Ireland, not forgetting the countries where tea is being produced. Tea is less favorable compared to coffee in countries such as America. Most of the tea consumed outside of East Asia is being produced in India or Sri Lanka. In Japan, green tea is a favorite for the locals, a mixture of green tea and hot water in a cup would do the trick for the Japanese. However, only green tea is consumed in Japan. Researches show that tea in terms of consumption is the most popular drink in the world. Exporting tea is a very common thing to do, in fact, the largest exporter of tea in the world is Kenya. China and Sri Lanka also plays very important roles in this sector. The growth in the export of tea is not just because of the demand, but also the heavy response to promote health benefits of tea consumption. QUESTION 1(ii) The influence of individual growers on the price of tea Individual growers are influenced by the price of tea. This is based on demand and supply. If demand for tea is high, growers and producers will then produce and supply more tea, on the other hand if the demand for tea is low, supply for tea by growers will also be less. Some Individual growers would also prefer to invest in the local market rather than export as to avoid heavy competition against other tea producing countries. QUESTION 1(iii) The role of transnational corporation in the tea market The role of a transnational corporation is to manage production and deliver services in more than one country. This corporation also plays an important role in the tea market. Tea companies such as Unilever and Tata tea have made a huge impact on the world market by setting up their own plantations and factories. Exporting and importing of tea has to go through the transnational corporation as most transport and shipping companies are controlled by them, thus making a stamp on the role of transnational corporations in the tea industry. QUESTION 2 Price of tea has been increasing since the year 2005, the demand and supply factors are the ones responsible for the increase. Despite the economic crisis in recent years, demands for tea has still been strong to many of its customers are an essential product. This is probably because of the health benefits from drinking tea. The demand for tea is income inelastic. However, some people may consider tea as an inferior good which is purchased at a larger amount compared to more expensive drinks, thus leading to an increase in price. China, one of the powerhouses in the tea industry is also growing in demand for tea as it has become one of the favorite beverages for the locals. Countries with rapid economic growth such as China, India, and Russia have resulted in locals with higher income, which will increasingly affect their spending behavior. They are allowing them to purchase branded and higher quality tea instead of cheaper and lower quality tea. As mentioned above, by being an inel astic product, increase in prices will not affect its consumers, as tea has its own alternative which requires small amount of income, therefore the rise in prices will not affect demand. As the demand for tea increases, the supply will also increase. This is based on the demand for tea as more people buy tea. Suppliers will then have to supply more tea in order to meet the requirements. Another supply factor would be the price of tea, as the prices of tea is increasing and still many people are consuming it, suppliers then have to supply more tea locally and in terms of export as this signals that they will make a profit base on the demand. Supply of tea is also affected by draughts. Those countries such as India, Kenya, and Sri Lanka are places where draught happens. Draughts will then lead to a lower supply rate of tea in these countries. Nevertheless, supplies of tea cannot easily be increases in a short period of time as that is the nature of the plant, thus affecting the world tea market by causing a rise in the price of tea. Below is a chart which shows the world demand and supply of tea from year 2004-2007 Alexander, A., 2009. Market and Industry Report-Russian Tea Market Research Report. [Online Image]. Available from: http://www.russiablog.org/2009/09/russian_tea_market_research_statistics.php [Accessed 03December 2009]. Among the countries that are famous for its tea production, India is one of the powerhouses in the tea market. Apart from dominating the world population as the second largest population in the world, India was also the second largest tea producer behind China during the year 2007. India also manages to produce an astonishing 945 million kg of tea that year. In terms of exporting wise, India came in fourth as the largest exporter of tea in the world with an exporting volume of approximately 178.75 million kg. In 2007, the Indian market size for tea is valued at $876.4 million and weighted 226.04 million kg. Retail prices for tea in India is very low compared to other countries such as Russia, for example, the average retail price of Indian tea is priced at $3.9 per kg , whereas it Russia it is priced at $20.2 per kg. This is probably caused by the exchange rate as the currency in Russia is stronger and more powerful compared to countries like India. Transnational corporations such as Tata tea and Unilever in India also help to play a role in the success of Indias tea industry. Plantations, processing factories, transport companies, and shipping agencies are all controlled by the corporation which helps the process of export and other actions smoothen. From year 2005-2008, the demand for tea has been exceeded by the supply in India. Not only in India actually, but the whole world which in this case supply has exceeded the demand for tea. This did not just happen accidentally, but rather intentional as it will help prevent the tea prices in India from dropping. Below is a table showing the demand and supply of tea in India Supply and Demand of tea in India Kg ( in millions) Demand ( consumption) Supply(production and import) 2005 757 963 2006 771 9006 2007 786 961 2008 802 1000 2006 was the start where recent buoyancy happened to tea prices. This turned out to be a relieve factor for most bulk tea players as they have been suffering from low and depressed prices of tea since 1999. In the past, after prices of tea had reached a peak in 1998, it went into a steady decline which produced an average domestic price of 76.43 per kg in 1998 which continued to drop in price which was 58.05 per kg in 2005. India then went on and suffered a lost in export markets. Among the factors were lack of market initiative by Indian investors in search of export markets, failure to check spurious varieties of tea and graded them as premium, high quality tea which then affected the image of the Indian tea market, and higher cost of production compared to other rival countries. Factors like these have led to India losing out in the export market, nevertheless leading to an increased supply in the domestic market. Quality factors also play an important role in determining the pric e and export. The above can be good examples of why price of tea in India can be quite volatile from year to year. Price of tea can also be affected by natural disasters such as typhoon, flooding, and draughts. In which reduces the supply of tea thus lower export rates. Last but not least, economic factors such as currency rates or inflation are able to affect and determine the price of tea. QUESTION 3 A change in price of tea would affect the economy of a country. Take India for example, an increase in the price of tea would mean good profit returns for the tea market as well as an advantage for bulk tea players who have invested large amounts of money into the tea industry. An increase in the price would mean that they have made a profit whereas if the price decreases, tea players would then suffer a loss. Judging from all areas, an increase in the price of tea would not fully bring benefits to the economy of the country. If the price increases, therefore cost of production for tea would also increase. When this happens, not all tea industries in India would want to export their tea as it may be too costly at their expense, which will lead them to invest in the domestic market. If there is a drop in price, transnational corporations such as Tata tea and Unilever will then take necessary actions to increase the price to a stable condition. A drop or increase in price will also aff ect the economy of India tremendously as India is one of the powerhouses in the world tea market, therefore little changes could make a big impact on the country. When competition for tea is too high in the market, price of tea will be affected negatively as there are too many suppliers comparing with each other in order to overpower the tea market. On the other hand, if competition for tea is low, this automatically raises the price of tea due to low supply. If demand for tea is high, wages of workers will increase as more workers are needed at the plantation and other tea processing facilities. Wages or workers in this case are determined by competition of tea as well as market power. In order to obtain market power, strong firms such as Unilever and Tata tea should be certain of a few items, tea that is either sold domestically or for export purposes should be of quality tea leaves, this is important as it can gain the trust and confidence of customers domestically and abroad. Te a corporations should also control the volume of tea being sold or exported as they would like to meet the requirements of the demand and supply situation, too much tea being produced would result in wastage. Supply networks also helps build up market power in the corporation, for instance, corporations should have export agencies to assist them in matters regarding export of tea to other countries. Overseas agents should also be hired as they can work as a link between the domestic market and overseas market, agents overseas can also help by sourcing and delivering information regarding other corporations which are in the same business. This can then help the domestic corporation plan their market strategies better. If the tea corporation has succeeded in obtaining a big share in market power, wages of workers in the corporation will increase simultaneously as they are crucially needed in order to smoothen and fasten the process of production of tea. Each step in producing tea will require manpower. Therefore workers are crucial at this stage.

Death of a Parent Essay

I believe we are defined by events that happen throughout our lives both passivity and negatively. Most of the events that change people’s paths often happen suddenly in their life and sometimes have long term effects. Whether it is a personal, religious, life style, or even a career change the fact still remains the cause for change was caused by the event. The statements above are true for my life; my life was about to change forever. This is the day I found out my mother had only six months to live, I was only 19 years old. I was picking my mother up from a routine follow-up appointment she had at Keesler Air force Base Hospital in Biloxi Mississippi, on the afternoon of 3 March 1997. I was walking up the steps of the hospital when I saw her walking out her face was pale I asked her if she was ok, her response was no. At this point in time everything went silent she asked me to sit down on the steps but I couldn’t I just wanted to know what was wrong. My mother while holding my hands then told me the results of the test and that she had liver cancer and it was untreatable. I was frozen not knowing what to say I just grab her and held her close and begun to cry. She told me to stop crying because she was going to need me to be strong for her and my brothers, that she wanted her last six months to be happy memories not sad ones. Let’s step back for a moment so I can explain the relationship I had with my mother because it was not your normal one. My mother was so much more to me than just a mom, she was my best friend I told her everything and she told me everything. We spent many late nights talking about everything in life from how our day went to what life would hold for us in the future. My mother was one of those people who never wanted or asked for anything for herself but was one who gave everything and would do anything for her children. When I say her children I don’t just mean her biological ones, she took care and provide for so many more, whether it was local neighbor hood, friends, family, co-workers and sometime even complete strangers who just need help. I remember many nights sitting at the kitchen table with people eating dinner with us who I did not know and many of them I would never see again after that night. My mom would always say we don’t have much but what we do have is sometimes way more than what others have. My mother was the strongest person I ever known, who also had the biggest heart. Two years before we found out she only had six months to live my mother kicked breast cancers ass. At least so we thought until the cancer showed back up in her liver and the doctors only gave her six months to live. At first nothing changed for her life or mine after finding out the bad news in fact she made me promise not to tell my brothers or anyone else. She continued working up to about the last two months. That is when things started to fall apart. The first thing to go for my mother was her memory. I can remember coming home from work and my mother talking to me about going camping like I was five years old. Not knowing how to handle it I just played along with the conversation, it seemed to make her happy. This went on and off for about two weeks and then things really started heading down hill pretty quick. I had to get help from hospice care, to have help taking care of her, because she was basically bedridden and unable to care for herself. Hospice came into our home and set up a medical bed and other medical equipment in our formal living area, this was the open area in our house. At this point I quit my job to take care of her because hospice care was only coming to the house like twice a day the rest was up to me. I had made a promise to her not to let her die in a hospital and I was trying to keep that promise. As the days went on the care became more and more demanding not really physical but mentally. I was doing everything thing for her, from bathing, changing her clothes, and bed pan to forcing her to take the meds she still need to take for pain control. At this point she was no longer able to speak, it seemed like her mind was completely gone just a blank stare. My breaking point was met, I was unable to care for my mother at home anymore she had pretty much slipped into a coma. I had to have my mother moved to the hospital, I couldn’t keep that promise I made her and still to this day I beg for forgiveness from her. She was only in the hospital for three nights before she passed. My brothers and I took turns at night staying with her and my night was night three. That night was a special night, it was her birthday. On the night she passed away we got her a birthday cake and song happy birthday to our mother for the last time. After singing happy birthday and blowing out the candles we each gave her a hug. When it became my turn to give her a hug I told her it was ok for her to go, that we will be ok and I love you. It wasn’t long after that she passed away at the age of 40. Not long after my mother died my life begun to fall apart. I could not deal with people always asking me if I was ok or if I needed anything. I started pushing everyone away and shutting out the ones I love. I needed to make a positive change in my life because my mother would not want me to live this way. So I joined to U. S. Army and left home and everybody I loved. I didn’t really have a plan I just knew I needed my space and this was the only way I was going to get it. In fact I wrote a letter to my girlfriend breaking up with her on my flight to Germany, after I had completed all my initial training. I was completely alone for the first time after my mother died. Not a day goes by that I do not think about my mother and how her passing changed my life. Today I live my life the way I believe she would have wanted me to, with an open mind, trying to see the positives in every situation I find myself in. There are things I wish I would have handled differently when it comes to my love ones I left behind when I joined the Army. My mother’s passing away changed my life in so many ways and has dad a major impact on the way I raise my kids, I do not take the time I have with them for granted. You never know when your time is up, so I say make the most of it and never wait until tomorrow to tell someone you love them.

The Stigma Of Mental Health - 1095 Words

INTRODUCTION The stigma in the mental health system is deeply rooted and its origin goes back by centuries. The stigma is powerful that it has been codified in federal since last 50 years. But the realization that the stigma attached adversely affects mental health care system is still lacking. The discrimination against mental illness has invaded the systemic structure causing more worries to sufferers of mental illness and their families. While every individual and system is well aware of mental illness and the biggest constraint in its prevention, there is a huge gap between literature and real practice (Kelly et al, 2010). This essay is a reflection on two newspaper articles on schizophrenia to provide a brief account of personal observation, common misconceptions, scientific truth and mainstream issues that needs an immediate attention. PERSONAL OBSERVATION The very right question which I personally believe every individual should ask of them before jumping into any conclusion o n schizophrenia is why and how they are different. There is a little difference between schizophrenic people and common mass, although the effects of being schizophrenic are risky as compared to effect of actions by common mass. I am privileged to spend some time with schizophrenic patients. The actions carried out by them are oriented towards fulfilling their wishes, dreams, wants, etc. But what makes them different is their illness that distorts their actions and lands them into trouble. TheShow MoreRelatedThe Stigma Of Mental Health Stigma1178 Words   |  5 Pages To many a stigma is a disgraceful flaw, that of a negative presence. In mental health this stigma is overwhelming. Approximately 57.7 million Americans experience a mental health disorder in any given year. (National Alliance on Mental Illness) People in dire need of help are not seeking it. Mental illnesses are going undiagnosed. The mental health stigma is having a negative impact on the proper diagnosis and treatment of mental illnesses. A stigma can simply be defined as a mark of disgraceRead MoreThe Stigma Of Mental Health968 Words   |  4 PagesINTRODUCTION The stigma in mental health system is deep rooted and its origin goes back by centuries. The stigma is powerful that it has been codified in federal since last 50 years. But the realization that the stigma attached adversely affects mental health care system is still lacking. The discrimination against mental illness has invaded the systemic structure causing more worries to sufferers of mental illness and their families. While every individual and system is well aware of mental illness andRead MoreThe Stigma Of Mental Health1992 Words   |  8 PagesAmerica is a country so focused on changing physical health. 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The prejudice faults placed on the one suffering from the disease hold back our efforts to progress with treatments and move positively with mental health. Dr. Kay Jamison was a senior in high school when she began experiencing the

Company Law and the Corporate Veil - Free Essay Example

Sample details Pages: 7 Words: 2023 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Introduction As the day company is formed, it can be said that the company is à ¢Ã¢â€š ¬Ã…“incorporatedà ¢Ã¢â€š ¬Ã‚ . As the company uniqueness is that it provides for effective separation of resources and managements of its resources and it is further compounded on the fact that the owner of the capital can limit his or her liability to the third parties. Therefore the company is recognized as a separate entity and it is treated in its own capacity. Don’t waste time! Our writers will create an original "Company Law and the Corporate Veil" essay for you Create order In nowadays business companies, it can be seen that companies have both advantages and disadvantages in measuring the limited liability of the shareholders on the basis that the company is liable for its debts and obligations. Therefore, double-edged sword is created which means it has both good and bad elements. In this assignment, details about the doctrine of separate legal entity will be analyzed. Also statements of features of company as separate legal entity and circumstances the veil of incorporation will be lifted will be analyzed with reference to some cases. Doctrine of separate legal entity In company law of Malaysia, a company is treated as a separate legal entity from its members constituted in it which is its shareholders and directors. This is the doctrine of separate legal principle. The company is a different separate body from its member. Thus, the members of the company are not liable for the company debts. For instance, when a company turn into a contr act, the company itself will personally liable for the contract rather than the shareholders and the directors. Therefore, a company is a corporate body. A corporation is an artificial legal person that exists independently of the individuals who at any given time are the members of the corporate body. This principle was established by the House of Lords in Salomon v Salomon Co Ltd[1]. The rule of Agency An agency is a relationship where one person consents or is deemed to have consented that the other person should act on its behalf so as to affect its relations with third parties. Features of Separate Legal Entity At the time the company is incorporated, it is a separate legal person, it brings forth some effect which can be the features of it. Under section 16(5) of the Companies Act 1965 states that, once a company had been incorporated, the company had all the ability as an incorporated company. For instances, it is means that the company can enjoys its right and f unction as a legal person. Company that incorporated is a legal personality that is created and recognized by the law as stated by Salleh Abbas F.J in Tan Lai v Mohamed bin Mahmud. When a company register under Companies Act, it becomes vested with corporate personality which is an independent legal person and separate from its members. For instance, the company is a legal person. In Salomon v. Salomon Co. Ltd. (1987)[2], unsecured creditors claimed that the company never had an existence of independent although it was incorporated. They claimed that it was Salomon himself trading under another name, but the House of Lords held Salomon Co. Ltd. must be regarded as an independent person from Salomon. This is because of the fact that the company was not role as an agent for the member. Thus, Salomon and the others are mere subscribers of the company although he owned all the issued shares. Hence, Salomon could enforce its rights against the company as a secured creditor. Furth ermore, the company also has the ability to sue and be sued in its own name. Therefore, a company can make legal action to enforce its right. It was established in the case Foss v Harbottle[3] where action brought by the members of the company made an injury complain towards the company and it was fail. Therefore the member could not take action on behalf of the company. Besides, a company has perpetual succession which means members may join and leave, but the company will continue go on. When a company become incorporation, it will continue operate until it is dissolved according to the Companies Act 1965. Under the case of Re Noel Tedman Holdings Pty Ltd[4], the court allowed the representative personal of the deceased to appoint the directors of the company so that the directors could allow the transfer of the shares to child. This proves that although the shareholders had leave but the company is still exiting and continue go on. Other than that, a company also has abilit y to own property on its own name. According to section 16(5) a company has power given to own personal land and other types of property. While company is separate legal person from its member, the member has no legal right and interest with the property and it is belongs to company. In case Macaura v Northern Assurance Co. Ltd[5], Macaura owned a tree plantation which was covered by an insurance policy. Later he sold the plantation to a company which he was the only shareholder. After the sale, Macaura continued to insure the plantation in his own name. A fire broke out and the plantation was destroyed. Macaura then attempted to claim on the insurance policy but the insurance company refused to pay. The issue was whether Macaura had an insurable interest at the time of the loss. It was help that the insurance company was right in not paying. The plantation company was a legal entity in its own right, separate from its shareholders. Other than that, in a corporate body, the share holders of the company can enjoy limited liability. While a company is a separate legal entity, the shareholders are not liable for the debts and the liability is limited by shares. Therefore, creditors have no rights to take any legal action against the shareholders. In case Ye Yut Een 1978[6], the director of the company is not liable for the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s debt. It is the company who had not complied with the procedures related to the retrenchment benefits. Lifting The Veil of Incorporation Although the company has privilege as separate legal entity, it must not be used for any unlawful or illegal business purposes, in case a fraudulent or dishonest use is made of the legal entity, the concerned individuals will not be allowed to take the shelter of the corporate personality. The court will disregard the corporate veil to see the real persons behind it. Generally, the law will not go behind this veil of incorporation to look at the membership of the company. But the courts will à ¢Ã¢â€š ¬Ã‹Å"lift the corporate veilà ¢Ã¢â€š ¬Ã¢â€ž ¢ in some exceptional cases. Salomon v Salomon Co Ltd case have decided that the members of the company are not liable for any contract that contracted by the company. This will cause they may have a chance hiding behind the veil to defraud the creditors and other parties that contracted with the company. The court will pierce the corporate veil by applying the principle known as à ¢Ã¢â€š ¬Ã‹Å"piercing the corporate veilà ¢Ã¢â€š ¬Ã¢â€ž ¢. When there is no entity separate from members, the court will pierce the corporate veil and take action. After that the court will make the company and its members liable for any breach of contract. The veil of incorporation can be lifted in according to situation provided under statutory provision and by judicial interpretation under the common law. For instance, section 36, Companies Act 1965 states that if the number of members of a company is reduced to below tw o and its carries on business more than six months, the person who is a member of the company during the time that is so carries on business after those six months, and is aware of it, the person is personally liable for all the debts that the company contracted after those six month and he may be sued therefor. According to the section 304(2), Companies Act 1965, together with the section 303(3), provide that an officers who knowingly contract a debts on behalf of the company. It means borrow money and knowing that that the company is most likely unable to pay the debt is guilty of an offence and on conviction be made personally liable to pay that debt. Under section 304(1), Companies Act 1965 provides that when a companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention is to purposely defraud its creditors, the veil of incorporation is lifted. In the course of the winding up of a company or in any proceedings against a company it appears to the court when hearing the application of the liquidat or or any creditor or contributory of the company that any business of the company has been carried on with intent to defraud creditors of the company or creditors of any other person or for any fraudulent purpose, the court may hold any persons who were knowingly parties to the fraud personally responsible for all or any of the debts or other liabilities of the company as the court directs. Under section 365(2), Companies Act 1965 provides that any payment of dividend not from profit is prohibited. Any payment made of dividends to shareholders is personally liable by the director towards the creditors of the company when there are no profits available. There are also situations where the court thinks it is appropriate and it will lift the veil of incorporation at common law. The situation whereby the veil of incorporation is lifted where the company is acting as agent or partner of the controlling or parent company. Group of the companies the problems can be complex. Subsidia ry own and fund money of a business has been held to do so as agent for the holding and parent company. So, holding and parent company actually operating business. This is applied in case Smith, Stone and Knight Ltd v Birmingham Corporation (1939)[7]. Besides, the veil of incorporation will be lifted when there is a group of companies, including holding and subsidiary company, the court can lift the veil and treat a company and its subsidiary as one economic unit. In case DHN food Distributors Ltd v Tower Hamlets London Borough Concil[8], subsidiary company owns a piece of land while the DHN which is parent company operated the business on the land. The local authority purchases the said land. The DHN claimed compensation for disruption. The local authority refused to pay the compensation on the grounds that the land did not belong to DHN. The court lifted the veil of establish that DHN is connected with the subsidiary company as treated as one economic unit, they did suffer a lo ss as a result of acquisition from the local authority and allowed to claim the compensation. At last, lifting the corporate veil can also assist in the prevention of fraud. In case Aspatra Sdn Bhd Ors v Bumiputra Bank Malaysia Berhad (BBMB)[9], Lorrain Osman, one of the director of Aspatra Sdn Bhd, was once a director of Bumiputra Bank Malaysia Berhad, must account for the secret profit he made in breach the fiduciary duty. To avoid detection Lorrain Osman had channeled the monies which is the secret profit he make into several companies that he controlled, one is the Aspatra Sdn Bhd. BBMB feared that the money Lorrain Osman took would leave Malaysia and applied for an injunction. The veil lifted to reveal that the assets of Aspatra Sdn Bhd belong to the Lorrain Osman and the injunction was accepted. Conclusion In conclusion, it clearly stated that the doctrine of separate legal entity have created double-edged swords to the shareholders of the company. Although it brings many features to the shareholders but it also have drawback towards the company itself and creditors in some situation. Hence, there will be some defects of incorporation. However, lifting the veil of incorporation by the court will reduce the defects of incorporation. [1] SALOMON v SALOMON CO LTD [1897] A.C. 22, House of Lords [2] SALOMON v SALOMON CO LTD [1897] A.C. 22, House of Lords [3] Foss v Harbottle(1843) 67 ER 189 [4] Re Noel Tedman Holdings Pty Ltd. (1967) QdR 561 [5] Macaura v Northern Assurance Co Ltd[1925] AC 619 [6] Yee Yut Ee(978)2 MLJ 142 [7] Smith, Stone Knight Ltd v Birmingham Corp[1939] 4 All ER 116 [8] DHN Food Distributors Ltd v Tower Hamlets London Borough Council[1976] 1 WLR 852 [9] Aspatra Sdn Bhd v Bank Bumiputra Malaysia Bhd (1988) 1 MLJ 97