study law final

• Contract


  An agreement between 2 or more parties which is enforceable by law
• The terms of the contract must be definite and certain
• The performance of a contract must be exact and precise and by what the parties had promised
• Section 38(1) of the Contracts Act 1950 provides that the parties to a contract must either perform or offer to perform their respective promises unless any law has dispensed with such performance
• Offer


  • A party makes an offer to sell in clear and defined terms
  • An offer can be oral or written as long as it is not required to be written by law
  • It is the definite expression or an overt action which begins the contract
• Offer


  • Sarah sees a bicycle in a shop with a price tag of $100. She tells the shop owner, "I would like to buy this bicycle for $100."
• Acceptance


  • A party makes an acceptance to buy or accept the offer made
  • The acceptance of the offer made by one party by the other party creates the contract
• Acceptance


  • The shop owner responds, "Sure, you can have the bicycle for $100."
• Intention to create legal relations/contract


  • Free will to enter and initiate the contract
• Intention to create legal relations/contract


  • Both Sarah and the shop owner intend to enter into a legal agreement for the sale of the bicycle. Their interaction demonstrates a mutual willingness to be bound by the terms of the transaction.
• Consideration


  • Value in exchange for the transaction of an offer and acceptance
  • Legally sufficient value
• Consideration


  • In exchange for the bicycle, Sarah pays the shop owner $100. The exchange of money for the bicycle represents the consideration for the contract.
• Capacity


  • Sound mind, Competent age as per The Age of Majority Act 1971
  • All parties are legally able to enter into the contract. i.e., not bankrupt
• Capacity


  • Both Sarah and the shop owner are of legal age and mentally competent to enter into the contract. They do not have any legal impediments that would prevent them from engaging in the transaction.
• Consent


  • Free will and consent must be given freely as stated in Section 10 and Section 13 of CA 1950
  • Consent is free from as it is not caused by one or more of the following [Section 14 CA 1950] i.e, under Coercion, Undue influence, fraud, misrepresentation or mistake
• Consent


  • Sarah freely agrees to purchase the bicycle for $100, and the shop owner agrees to sell it at that price without any coercion, undue influence, fraud, misrepresentation, or mistake. Their consent is voluntary and unmarred by any of the factors listed in Section 14 of the Contracts Act 1950.
• Negligence


  The failure to behave with the level of care that a reasonable person would have exercised under the same circumstances
• Elements of Negligence


  • Existence of a duty of care to act reasonably owed by the defendant to the plaintiff
  • Breach of that duty
  • Proximate cause
  • Injury to the plaintiff
• Negligence


  • A hotel or restaurant owes a duty to its invitees/guest to inspect the premises for dangerous conditions and to exercise reasonable care to eliminate them.
  • A restaurant owes a duty to its customers not to serve rancid (unpleasant) food because it is foreseeable that the customers would become ill as a result. If it serves unhealthy food, the restaurant breaches that duty.
  • A skater was roller-skating on the sidewalk. A van driver was driving nearby, sipping coffee and talking to the passengers. His attention was diverted from the road and the van swerved up over the curb and onto the sidewalk. It hit the skater, who suffered a broken leg. In this case, the driver's negligence was the proximate cause of the skater's injury.
• Defamation


  A civil wrong, which infringes a person right to his good name or reputation or to cause rightthinking members of the society to shun or avoid him
• Defamation


  • A statement may be defamatory which shows the plaintiff as merely ridiculous
• Types of Defamation


  • Libel - Defamatory statement that is written
  • Slander - Defamatory statement that is oral
• Slander


  • Anwar Ibrahim filed a slander suit against Mahathir in 1999 for statements made in September 1998 regarding Anwar's alleged sexual misconduct that led to his dismissal.
• Nuisance


  Annoyance and applies to that class of tort arising from unreasonable or unlawful use of property by a person or his unlawful conduct resulting in material inconvenience or discomfort to others
• Types of Nuisance


  • Public nuisance - when the rights enjoyed by certain members of the society of the public are infringed and sometimes amounts to a criminal offence
  • Private nuisance - Infringement of an individual rights to his or her property
• Public Nuisance


  • If a river is polluted, the polluted river can affect the rights of the village people who live further down. Therefore, an action may be brought by the AttorneyGeneral (peguam negara) or a local authority to bring an end to the nuisance.
• Private Nuisance


  • A tree branches elongated into neighbour land amounted to nuisance.
• Operation of Statutory Law in Malaysia

  • Statutory law in Malaysia is created by Parliament at the federal level and by State Legislative Assemblies at the state level
  • The operation of statutory law at the federal level is governed by the Federal Constitution of Malaysia
  • Each state in Malaysia has its own State Constitution that outlines the legislative powers of the State Legislative Assembly
• Statutory Law


  • The Malaysian Penal Code, which is a federal law, prescribes offenses and penalties for criminal acts throughout Malaysia.
• Operation of Common Law in Malaysia

  • Common law principles in Malaysia are derived from English common law and are developed through judicial decisions and precedents
  • The Malaysian judiciary, including the Federal Court, Court of Appeal, and High Courts, plays a vital role in interpreting and evolving common law principles
  • Decisions made by higher courts serve as binding precedents for lower courts, shaping the development of common law in Malaysia
• Common Law


  • The principle of judicial precedent in Malaysia allows courts to follow decisions made by higher courts in similar cases, ensuring consistency and predictability in the legal system.
• Operation of Islamic Law (Syariah Law) in Malaysia


  • Islamic law, or Syariah law, is applied in Malaysia's Syariah courts and primarily governs matters related to Islamic family law and personal status issues
  • Article 121(1A) of the Federal Constitution distinguishes the jurisdiction of the civil courts and Syariah courts, with the latter handling matters concerning Islamic law for Muslims
  • Each state in Malaysia has its own Syariah Court system to administer Islamic law according to the state's enactments on Islamic matters
• Syariah Law


  • The Syariah Courts in Malaysia have jurisdiction over issues such as marriage, divorce, and inheritance among Muslims, applying Islamic principles in these matters.
• Structure and Function of Superior Courts in Malaysia

  • High Court - Headed by Chief Judge of Malaya and Chief Judge of Sabah and Sarawak, has unlimited subject matter jurisdiction, original, appellate, and supervisory jurisdiction, and general supervisory and revisionary jurisdiction
  • Court of Appeal - Controlled by the President of the Court of Appeal and up to ten Court of Appeal judges, hears and determines appeals against High Court decisions on criminal matters
  • Federal Court - Consists of Chief Justice, President of the Court of Appeal, Chief Judges of the High Courts, and up to 10 Federal Court judges, hears and determines appeals from the Court of Appeal
• Malaysia has its own Syariah Court system to administer Islamic law according to the state's enactments on Islamic matters
• The Syariah Courts in Malaysia have jurisdiction over

  • Marriage
  • Divorce
  • Inheritance among Muslims, applying Islamic principles in these matters
• Elements of negligence
• Superior Court


  • High Court
  • Court of Appeal
  • Federal Court
  • Special Court
• High Court


  • Headed by Chief Judge of Malaya and Chief Judge of Sabah and Sarawak
  • Unlimited subject matter jurisdiction
  • Original, appellate, and supervisory jurisdiction
  • General supervisory and revisionary jurisdiction
• Court of Appeal


  • Controlled by the President of the Court of Appeal and up to ten Court of Appeal judges
  • Hears and determines appeals against High Court decisions on criminal matters