Tag: Malaysian Law

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 ......

The Answer is Mr Justice Peter, a High Court Judge
24th Nov 2020
Introduction: Under the judicial precedent, the decisions of the higher courts are binding on the lower court. Previously, the judges has made the decision in...

Discuss Criticisms of the Doctrine of Privity of Contract
9th Nov 2020
Introduction: Privity of contract is fundamental criteria in a contract and in parallel with doctrine of consideration. Uncertainty in this area of contract ......

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......

Analyze Whether It Is on Offer or Invitation to Treat
10th Oct 2019
Introduction: Based on this statement, we have to analyze whether it is offer or invitation to treat. According to the Section 2 (a) Contracts Act 1950, offer is......

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 ......

Intention to Create Legal Relations
8th Oct 2019
Introduction: As we all know, intention to create legal relations is part of elements in contract....

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 ......

Impacts on the Building and Construction Industry
20th Aug 2019
Introduction: Construction industry in Malaysia can be considered as a big business in their country. Construction has important role in our country’s ......

Entrenched Liberties From Codified Constitution
20th Aug 2019
Introduction: The constitution in the codified, or widely known as written form is said to promise entrenched liberties compared to the unwritten constitution ......

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......

Founder, History of Native Customary Law in Sabah and Sarawak
20th Aug 2019
Introduction: Customary law is the law of the local people as developed and handed down from time immemorial. A local word which is quite......

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 ......