Beruflich Dokumente
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Contract
• based on agreement
• essential elements in a contract:
1. Offer
2. Acceptance
3. Capacity to contract
4. No mistake, misrepresentation or
undue influence
5. Object must be lawful
6. Intention to enter into legal relations
7. Consideration
BUSINESS LAW (THIRD EDITION) All Rights Reserved
© Oxford Fajar Sdn. Bhd. (008974-T), 2018 1–14
PRIVATE LAW (CIVIL LAW) (cont.)
Tort
• based on an obligation imposed by law
• a civil wrong
• the breach of a general duty which is imposed
by the law (and not agreed between the
parties)
• remediable by a civil action for unliquidated
damages
Trust
• an equitable obligation binding a person (a
trustee) to deal with property over which he
has control (trust property) for the benefit of
persons (beneficiaries or cestui que trust) of
whom he may himself be one and any one of
the beneficiaries may enforce the obligation
disadvantages of precedents:
– certain precedent may not be relevant in today’s
circumstances but the judge may have to nevertheless
follow it
– may also be slow in responding to community changes
and it is cumbersome to change them as they may
require an Act of Parliament
in applying binding precedents, Malaysian law can
be found in the judicial decisions of the High Court,
Court of Appeal and the Federal Court and the then
Supreme Court, Federal Court and the Judicial
Committee of the Privy Council
BUSINESS LAW (THIRD EDITION) All Rights Reserved
© Oxford Fajar Sdn. Bhd. (008974-T), 2018 1–31
PRECEDENT (cont.)
Adat Temenggong
• practised by the other states
• originated from Palembang, Sumatra
• patrilineal system of law
• in Sabah:
– original jurisdiction is exercised by the Native Court
with the District Officer acting in a supervisory-cum-
appellate capacity
– in his appellate capacity, the District Officer hears
appeals from any order of a Native Court
– an appeal from any order of the District Officer lies to
a Native Court of Appeal presided over by a judge of
the High Court
– the Appeal Court also comprises the Resident of the
residency in which the original proceedings took
place and one native chief duly appointed
BUSINESS LAW (THIRD EDITION) All Rights Reserved
© Oxford Fajar Sdn. Bhd. (008974-T), 2018 1–53
NATIVE COURTS (cont.)
• in Sarawak:
– District Native Court, comprising a Magistrate, a
Native Officer and two assessors, possesses the
widest jurisdiction
• may impose a term of imprisonment not exceeding
two years and a fine not exceeding RM200
• comprises:
– High Courts – the High Court of Malaya and the High
Court in Sabah and Sarawak
– Industrial Court
– Court of Appeal
– Federal Court
• the jurisdiction of the High Court is original,
appellate and supervisory
• in the exercise of its original jurisdiction, it has
unlimited criminal and civil powers
• any civil matter which cannot be determined in the
subordinate courts is heard before the High Court
BUSINESS LAW (THIRD EDITION) All Rights Reserved
© Oxford Fajar Sdn. Bhd. (008974-T), 2018 1–58
THE HIGH COURT
• 3 methods:
1. Mediation
2. Conciliation
3. Arbitration
Examples:
– Small Claims Court
– Consumer Claims Tribunals
– Financial Mediation Bureau
– Kuala Lumpur Regional Centre for Arbitration (KLRCA)