Tag: Malaysian Law

Articles

Principle of the Separation of Powers
23rd Jun 2021
Introduction: The separation of powers is a constitutional principle introduced to ensure that the three major institutions of the state namely; the legislative, the executive and the judiciary are not concentrated in any single body whether in functions, personnel or powers....

Main Elements Constituting a Valid Contract
11th Jun 2021
Introduction: The first element in a valid contract would be offer. An offer or a promise or an agreement needs to be in contract because if there is no offer than there will be no contract. In the Contracts Act, 1950, the first elements in a contract would be offer. It is one of the elements to make sure that the contract is legally valid or acceptable....

Implementation of Land Title Registration System in Malaysia
11th Jun 2021
Introduction: In this article, the authors first give an overview of the title registration system under the Malaysian land law. It then examines the implementation experience of title registration system in Malaysia and evaluates what lessons Hong Kong can learn in its future implementation of the title registration system....

The Doctrine Rule of Law in Malaysia
3rd Dec 2020
Introduction: The doctrine of rule of law, theoretically, should be deeply entrenched in the Federal Constitution and also should be ......

English Doctrine of Privity of Contract
9th Nov 2020
Introduction: The common law doctrine of privity of contract dictates that only persons who are parties to a contract are entitled to take action to enforce ......

Malaysian Contract Law
4th Nov 2020
Introduction: In Malaysia, our contract law is basically governed and enforced by the Contract Act 1950. The remedy of specific performance presupposes......

The Court Uses the Objective test
10th Oct 2019
Introduction: On the 29th October, 2010 Steven advertised in the NewFocus Paper, “Yamaha Piano latest model, excellent condition, RM15, 000, interested ......

An Example of Original Precedent
20th Aug 2019
Introduction: In accordance with judicial precedent, the judge of high court is bound to the decision of Court of Appeal. Judicial precedent is a system where a judge of a court makes a decision and the court at the same level as it or the courts below it in the Hierarchy of the Malaysian Judicial System are bound to follow the decision make ......

Breach of Promise to Marry
20th Aug 2019
Introduction: In Malaysia, there are no specific provisions of law relating to the issue of promise to marry. The breach of promise to marry is dealt under ......

The Law of Scheme of Arrangement; Section 176
20th Aug 2019
Introduction: When a company is wind up or going to be wind up, section 176 of Companies Act 1965 will be there to help the company from being chase by debts. It......

A Legally Enforceable Agreement Between Two or More Parties
20th Aug 2019
Introduction: The essence of contact is that there should be an agreement between the contracting parties. It is a legally enforceable agreement between two or more parties where it is normally constituted by one party making......

Basic Elements Form a Valid Contract
20th Aug 2019
Introduction: In the chapter of law of contract, we learned about the basic elements that form a valid contract which are offer, acceptance, consideration and ......

Malaysia Constitution and Making Laws
20th Aug 2019
Introduction: 1) The Malaysia constitution is a measureable collective and guidelines to regulating the administration of a country. The guideline for ......

Path to a Successful Derivative Action
20th Aug 2019
Introduction: Generally, the aim of a company in Malaysia is to make profits. A company by law is a different person from its subscribers to the memorandum. It i......

Five Ways That May Arise an Agency
20th Aug 2019
Introduction: The law of agency is an area of commercial law dealing with a contactor or quasi-contractor, or non contractor set of relationships ......

Contracts Are Not Made Until Accepted
20th Aug 2019
Introduction: ‘A contract is not made until acceptance is actually communicated to the proposer’. Do you agree with the above statement? Illustrate your ......

What is Corporate Governance?
20th Aug 2019
Introduction: Corporate governance is a phrase that refers generally to the regulations, practices, or by law which companies are functioned, controlled, and ......

Explain the Rule of Law
20th Aug 2019
Introduction: There is no precise definition regarding the rule of law as its meaning may differ among countries and legal traditions worldwide. Basically......

Acceptance Must be Communicated
20th Aug 2019
Introduction: Introduction A simplify definition of a contract can be ‘a legally binding agreement between two parties’. Basically, Contract ......

Types of Defamation
20th Aug 2019
Introduction: The Malaysian Defamation Act 1957 does not define defamation. The matter is governed by common law. The common law recognized two forms of defamation that is libel and slander....

Federal Constitution of Malaysia
20th Aug 2019
Introduction: The Federal Constitution of Malaysia is considered as the supreme law in Malaysia. It is actually formed after the Constitution of the Federation ......

Consideration in Different Court Cases
20th Aug 2019
Introduction: INTRODUCTION Consideration is general a promise unsupported by consideration is not binding contract. Consideration was define by frederick ......

Bribery and the Contract Act 1950
19th Aug 2019
Introduction: As an agent to his principal, he is responsible not to make any secret profit out of the performance of his duty. Secret profit can be defined as ......

Passing a Bill in Malaysia
19th Aug 2019
Introduction: What is bill? Bill is a law that does not yet get recognition to be stated as a law that can be implemented. In order to be stated as a law must ......

Terrorism and Human Rights
19th Aug 2019
Introduction: One of the main issue faced by the world is terrorism. We see the terrorists taking innocent lives live on our television. So do we really need ......

Private Nuisance
16th Aug 2019
Introduction: Private nuisance is an ancient wrong design as an action between neighbouring landowner to protect a person interest in land from being adversely effected by the activities of his neighbor....

Contractual Relationship Case Study
16th Aug 2019
Introduction: In the case study, Itua wanted to expand his business to include costume hire, where he had approach Baju Murah Sdn Bhd (BM)...

Promise in Breach of Contract
16th Aug 2019
Introduction: litigation results from the failure of one of the parties to abide the modification or settlement. In such cases court have often declined to grant relief for breach of contract......

Malaysian Company Law
15th Aug 2019
Introduction: To what extent does, and to what extent should, Malaysian company law allow the lifting of the corporate veil between a parent company and its subsidiaries?...

Six Types of Basic Elements
14th Aug 2019
Introduction: A valid contract requires: (1) an agreement; (2) an intention to create legal relations; and(3) consideration (unless the Contract ......

Secret Profit Can be Defined as a Bribe
14th Aug 2019
Introduction: Once an agent received a secret profit, the law presumes that he has been affected by the payment to the detriment of his principal. It does not ......

Legal System of Malaysia
14th Aug 2019
Introduction: Legal System Of Malaysia. There are various definitions of the term 'legal system'. A Legal System is the framework of rules and institutions within a nation regulating individual's relations with one another and between them and the government....

The Reality of Their Consent
14th Aug 2019
Introduction: A contract is a legally binding agreement. It is not always easy to establish whether the basic requirements of a contract, such as offer......

Six Main Functions of Laws
14th Aug 2019
Introduction: According to Oxford English Dictionary, law is defined as the body of enacted or customary rules recognized by a community as a binding ......

The Skeletal Structure of a Contracts
13th Aug 2019
Introduction: The principles of consideration are somewhat confusing and complicated. Should this legal principle be removed as one of the elements in the formation of a valid contract and the courts to solely rely on the principles...

Terms and Conditions of Subcontract Works
12th Aug 2019
Introduction: The subcontract works shall be executed in accordance with the main contract tender documents, specifications, conditions of contract, letter of acceptance and......

An Offer Under Malaysian Contract Act 1950
12th Aug 2019
Introduction: INTRODUCTION: A contract or an agreement is usually reached by the process of offer and acceptance and the law requires an offer on ascertainable ......

Law on Redundancy and Retrenchment
12th Aug 2019
Introduction: Retrenchment may happen not only during recession but it is also relevant when the economic situation is good. Apparently, termination ......

General Nature of Contracts
12th Aug 2019
Introduction: Contracts are not only applicable to business but are also part of our everyday life. A contract is made out of the simple act of purchasing ......

A Comparison of Consideration Cases
12th Aug 2019
Introduction: From orthodox view, the performance of an existing duty should not constitute consideration. A performance of an existing duty is a responsibility ......

A Company is a Legal Entity
12th Aug 2019
Introduction: Separate legal entity, veil of incorporation and also lifting the veil of incorporation are the three key point issues that can be determined and o......

Remedies for Breaches of Contract
8th Aug 2019
Introduction: 2.1 Introduction A contract is an agreement or promise made between two or more parties that the courts will enforce. In some cases ......

Department of Official Assignee in Malaysia
8th Aug 2019
Introduction: Introduction The Department of Official Assignee in Malaysia is one of the departments under the control and management of the Prime Minister’s D......

Solving Contract Legal Issues Case Study
8th Aug 2019
Introduction: Based on the facts given below, please solve the stated problems according the provisions of applicable statute and by stating the legal rights ......

Determining the Existence of Agency
8th Aug 2019
Introduction: In determining whether an agency in the legal sense exists, the court looks at the authority of the supposed ‘agent’ and other aspects of the ......

The Superior Courts In Malaysia
8th Aug 2019
Introduction: The superior courts consist of: The High Court (The High Court of Malaya and the High Court of Sabah and Sarawak). The Court of Appeal. The ......

Reception of English Law in Malaysia
8th Aug 2019
Introduction: Introduction: Since there was no official body of law in the first 20 years of British occupation, legal chaos occurred in the administration. The ......

Issue Affecting the Construction Industry
8th Aug 2019
Introduction: A main issue affecting the construction industry has always been the problem of delayed as well as non-payment. Partly because of the ......

The Sources of Malaysian Legal System
8th Aug 2019
Introduction: In different country, there are different types of legal system. Some county practices a combination of two or more legal systems which is known ......

Performance of Existing Duty
8th Aug 2019
Introduction: What is performance of existing duty? Its means that makes a promise to another person in order to exchange for the others promise or performance...

Introduction Overview of Study
8th Aug 2019
Introduction: Payment was identified as one of ten priority areas in the Malaysian construction industry during a construction industry roundtable in June ......

Should Advertisements Be Considered Offers?
8th Aug 2019
Introduction: A contract or an agreement is usually reached by the process of offer and acceptance and the law requires an offer on ascertainable terms which ......

Employers, Employees and Government
7th Aug 2019
Introduction: TRADE UNIONS ACT 1959: Seeks to control activities of trade unions 'so that they can develop in an orderly and peaceful manner.' The Act lays d......

An Analysis of the Malaysian Taxation System
7th Aug 2019
Introduction: In order to be qualified as business expense so that it can be deducted from the gross income of a business source, it must fulfill all the followi......

Philosophy or Political Theory of Law
7th Aug 2019
Introduction: Rule of Law The rule of law may be interpreted either as a philosophy or political theory which lays down fundamental requirements for law, or as a......

Legal Issues in Human Resource Development
7th Aug 2019
Introduction: Laws and regulations forms an integral part of human resource practices because the formation of relationship between an employer and employee ......

Hospitality Industry, a Contract Is an Agreement or Promise
7th Aug 2019
Introduction: In hospitality industry, a contract is an agreement or promise made between two or more parties that the courts will enforce. In other words, it is a set of rules governing the relationship, content and validity of an agreement......

Registration of Trade Unions in Malaysia
7th Aug 2019
Introduction: There is a tripartite labor system in Malaysia. Labor policies and laws are formulated and implemented by the Ministry of Human Resources ......

Parliament of Malaysia and United Kingdom
7th Aug 2019
Introduction: In Malaysia and United Kingdom, the Parliament have the abilities to grant other relevant bodies such as ministers and local authorities the power to make laws....

Executive Branch of Government
7th Aug 2019
Introduction: The executive branch of government is the administrative branch which controls the various state agencies and apparatus. It is often convenient ......

The Political Parties in Malaysia
7th Aug 2019
Introduction: Currently in Malaysia there are total of 27 registered political parties out of which 13 are in Peninsular Malaysia, 9 in Sabah ......

The Elements of a Hire Purchase Contract
7th Aug 2019
Introduction: The legislation which hire-purchase in Malaysia in the Hire-Purchase Act 1967 . However , this act is not applicable to all items or goods under ......

What is Merchantable Quality?
7th Aug 2019
Introduction: (1) Basically, there are variety pronouncements about the definition of ‘merchantable quality’. According to Section 16(1)(b) of Sale of Goods ......

Intention Knowledge and Wilful Blindness
7th Aug 2019
Introduction: The maxim that the trier of fact in a criminal trial could presume that the accused ‘knew the natural and probable consequences of his act’ was rejected in Malaysia by the Federal Court...

Assessing Factors of National Security
7th Aug 2019
Introduction: National security is the necessity to maintain the endurance of the state through the use of political power, the exercise of diplomacy, economic ......

Corporate Governance is Business Practice
6th Aug 2019
Introduction: Question: Corporate Governance has been the mantra for good business practice. Discuss the legal issues in the recent financial crisis of the major rollback of corporate governance....

CIMB Investment Bank
6th Aug 2019
Introduction: A study of this research is on the effects of employee motivation and job satisfaction to CIMB Bank Berhdad....

A Contract between Two Parties
6th Aug 2019
Introduction: 1.1 Introduction As mentioned before, contract is an agreement or promise made between two or more parties that the courts will enforce. It is ......

A Contract in Hospitality Industry
6th Aug 2019
Introduction: 1.1 Introduction In hospitality industry, a contract is an agreement or promise made between two or more parties that the courts will enforce. In ......

The Concept of Judicial Independence
6th Aug 2019
Introduction: In a liberal republican democracy, judicial independence functions to set out and also protect political rights, civil liberties and also the rule ......

The Case of Arab Malaysian Finance
6th Aug 2019
Introduction: Al-Bay’ Bithaman Ajil (BBA) facility which is structured under Bay’ al-Inah concept has been subject of continuing debate for well over a decad......

The Law of Agency
6th Aug 2019
Introduction: An Agent is defined as a relationship between two parties called PRINCIPAL and AGENT, whereby, the function of the agent is to create ......

Legal and Ethical Issues
6th Aug 2019
Introduction: There are two acts particularly deal with employment relation in Malaysia, The Employment Act (EA) 1955 and Industrial Relation Act (IRA) 1967. Both acts define what the word ‘employee’ in Malaysia means is....

Consideration Acts as an Important Ingredient
6th Aug 2019
Introduction: 1.0Introduction In any contract, consideration act as an important ingredient in an agreement. According to section 26 of the Contracts Act, as a ......

Legal Factors and Customs
6th Aug 2019
Introduction: Every country has its own legal system in place to keep order. In areas of business, particularly FDI, investors consider different dimension ......

Contracts Law in Malaysia
6th Aug 2019
Introduction: The purpose of this assignment is to outline the involvement of 4 different parties and been given with advice and jurisdiction based on the Malaysian Contracts Act 1950....

Law and Parliamentary System of Malaysia
6th Aug 2019
Introduction: Law created to maintain a well regulated society and a reflection of society mores and thinking. Law protect basic individual right and freedom ......

Product Liability in Malaysia
6th Aug 2019
Introduction: Since the public began to care about the interests of consumers, the government of Malaysia also pays more concern to the protection of consumer ......

Comparative Company Law Major Report on Mayalsia
6th Aug 2019
Introduction: This report will be highlighting the Malaysian Company Law rules and procedures and also comparing them to the ones enforced in Australia today. Malaysian Company Law on the surface is similar to that of ......

The Separation of Power Systems
2nd Aug 2019
Introduction: The separation of power is a system in the country where the power is separated between the legislatures passes the law, judicial which have the ......

Islamic Jurisprudence and English Common Law
2nd Aug 2019
Introduction: The legal system of Malaysia is based upon the English common law. However, before the arrival of the British in 1826, classical Islamic law was ......

Major Changes to the Companies Act 1695
2nd Aug 2019
Introduction: Directors and officers Meeting and proceedings Accounts and audit Of all the amendments, only certain amendments involved the roles......

Associated Metal Smelters ltd
2nd Aug 2019
Introduction: British Westinghouse Electric and Manufacturing Co. Ltd. v. Underground Electric Rly Co. of London Ltd. [1912] AC 673 at p. 690...

Business Expanding
2nd Aug 2019
Introduction: Itua wants to expand his business to include costume hire, so he visits two supplier outlets namely Baju Murah Sdn Bhd...

What is Law of Agency
23rd Jul 2019
Introduction: The law of agency is when an agent is authorized to act on the behalf of the principal and to create a legal relationship with a third party. An ......

The Background of Malayan Constitution
23rd Jul 2019
Introduction: The Malaysian Constitution is the basis and beginning of the Federation of Malaya Constitution it is towards for Independent Malaya that formed ......

Examining Detention Without Trial
23rd Jul 2019
Introduction: In our society today, unlawful detention has become the new order of the day; it has gone so far to the extent that it is being supported by some ......

Sources of the Malaysian Legal System
23rd Jul 2019
Introduction: Malaysia practices the mixed legal system which includes the Common Law, Islamic law and Customary Law. Malaysia’s legal system comprises laws ......

Is the Power of Land Administrator Absolute?
23rd Jul 2019
Introduction: As what had been stated under Section 390 (3) of the National Land Code 1965, it is stated that the Land Administrator is the one that has the ......

Advantages of Mediation
23rd Jul 2019
Introduction: Mediation is more time saving than litigation. It is a quick process involves the coming into a mutually acceptable agreement to settle the dispute...

A Study of Terrorist Financing in Malaysia
22nd Jul 2019
Introduction: Introduction Among the countries in Southeast Asia, Malaysia could be considered an example of multicultural success. More than 60 percent ......

Sale of Goods Law in Malaysia
18th Jul 2019
Introduction: The following report serves as a lecture on the sale of goods law. Our introduction walks you into the report to sort of give you the basis and ......

Legal System of Malaysia
17th Jul 2019
Introduction: Legal System of Malaysia. Different legal systems have evolved in different parts of the world, each from a range....

Sale of Goods Act in Malaysian Courts
17th Jul 2019
Introduction: The Sale of Goods Act 1957 was originally enacted in 1957 and revised in 1990 to include the states of Malacca and Penang. The earlier laws were ......

Organ Donation is the Gift of One's Body Parts
17th Jul 2019
Introduction: Organ donation is the gift of one’s body parts, from a person who has recently died, or from a living donor, for the purpose of transplantation. Transplantation is an operation, which involves the replacement of diseased and defective......

The National Land Code
3rd Jul 2019
Introduction: Torrens is said to have ‘produce’ the system which bears his name because he thought the-existing conveyancing practice was so encumbered with the question of derivative title, that a buyer did not absolutely know whether he was buying......

What Is the Purpose of ASEAN?
3rd Jul 2019
Introduction: INTERNATIONAL AFFAIRS. 8.1 ASEAN 8.1.1 Background and History Malaysia believes strongly in active participation in international organizations ......

Copyright Laws and Exclusive Rights
3rd Jul 2019
Introduction: Copyright is a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the ......

Overlaps of Separation of Power in Malaysia
2nd Jul 2019
Introduction: In Malaysia, there are some overlapping parts between the three organs of government. There are two sense of separation of power, which are strict...

Bankruptcy is a Legal Process
28th Jun 2019
Introduction: Since the debtor is unable to pay his debts, the assets should be shared fairly and equitably among his creditors and after being relieved from all......

The Spices Industry in Malaysia
28th Jun 2019
Introduction: Spices are dried parts of natural plants which are aromatic and the color, constitution and other characteristics varied among spices and relied ......

Changes to the Companies Act 1965
28th Jun 2019
Introduction: Introduction There are many major changes to the Companies Act 1965 during the Companies (Amendment) Act 2007 which came into force ......

Malaysia Procedure for Enactment of an Act
24th Jun 2019
Introduction: Malaysia practices parliamentary democracy under the administration of a constitutional monarchy with His Majesty Yang Di-Pertuan Agong as The Head......

The Banker Customer Relationship
24th Jun 2019
Introduction: According to J.W. Gilbert, a banker is a dealer in capital, or more specifically, a dealer in money. He is an intermediate party between the ......

Doctrine of Separation of Powers
7th Jun 2019
Introduction: Separation of Powers are also pillars of rule of law, where government by the law not based in single power Monarchy alone could bring tyranny......