Unwritten Law In Malaysia

Summary

Unwritten law in Malaysia includes case law, English law, and customary law. Special majorities are needed for constitutional amendments. The consent of the Conference of Rulers and Yang di-Pertua of Sabah and Sarawak is required for certain laws. The Federal Constitution can be amended by a two-thirds majority vote in both houses. Money bills follow a specific process. The doctrine of stare decisis applies horizontally. Subsidiary legislation provides detailed implementation of primary laws. The Sessions Court handles civil matters under 1 million Ringgit. Proposals can be revoked before acceptance. Communication of acceptance by letter is complete when transmitted. Section 12(3) and Section 17 of the Contracts Act 1950 cover knowledge and fraud. Contracts require mutual consent and lawful objects. Undue influence and misrepresentation affect contract validity. Unlawful objects make contracts void. Key cases include Pharmaceutical Society v Boots, Poussard v Spiers, and Lampleigh v Braithwaite. Misrepresentation and non-dis

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describe unwritten law in malaysia
Unwritten law in Malaysia refers to:
*. Case Law: Legal principles developed by the courts.
*. English Law: Aspects of the English common law and rules of equity applicable in Malaysia.
*. Customary Law: Local customs and traditions recognized by the courts.
what is special majorities
In Malaysia, a special majority refers to a requirement for more than a simple majority vote. It is typically needed for constitutional amendments. In the context of the Malaysian Parliament, a special majority usually requires at least two-thirds of the total number of members of that House.
what is consent of conference of ruler
In Malaysia, the consent of the Conference of Rulers is required for certain constitutional amendments or laws. The Conference of Rulers consists of the King and the rulers of the nine Malay states. Their consent is crucial in matters related to religion, language, and education, among others.
what is consent of yang dipertua sabah and sarawak
The consent of Yang di-Pertua Sabah and Sarawak in Malaysia is needed for constitutional amendments that affect the rights and position of these states. It is typically sought in matters related to immigration, land, and natural resources.
the constitution of a nation is a living document, and it may be amended by
In Malaysia, the Federal Constitution can be amended by a bill passed in both the Dewan Rakyat (House of Representatives) and the Dewan Negara (Senate) with a two-thirds majority vote. Certain amendments also require the consent of the Conference of Rulers or the Yang di-Pertua of Sabah and Sarawak.
the process of money or supply bills
In Malaysia, the process of money or supply bills generally involves:
*. Proposal: The Minister responsible presents the bill in the Dewan Rakyat (House of Representatives).
*. Debate and Voting: Members debate on the bill. If approved, it is sent to the Dewan Negara (Senate).
*. Senate Review: The Senate can debate but cannot amend the bill.
*. Royal Assent: The bill is presented to the King for approval.
best describe the horizontal application of the doctrine of stare decisis
The horizontal application of the doctrine of stare decisis refers to the principle that courts of the same level, within the same jurisdiction, should apply the same reasoning as previous decisions. This maintains consistency and predictability in the law.
from horizontal federal court bound by
In Malaysia, a federal court is bound by its own past decisions. This is known as the doctrine of stare decisis. However, it has the power to depart from its previous decisions when it deems fit. This ensures the development and adaptation of the law over time.
from horizontal high court of malaya bound with
The High Court of Malaya in Malaysia is bound by the decisions of the Federal Court and the Court of Appeal. It is also bound by its own decisions under the doctrine of stare decisis. However, it can deviate from its own previous decisions under certain circumstances. Do you have any specific case or situation you would like to discuss?
why subsidiary legislation is needed
Subsidiary legislation is needed for several reasons:
*. It provides details needed to implement the laws set out in primary legislation.
*. It is more flexible and can be easily amended or repealed.
*. It allows technical or detailed matters to be addressed without overloading the primary legislation.
*. It can be made by individuals or bodies who have expertise in the relevant area.
which court has jurisdiction when the subject does not exceed * million
In Malaysia, the Sessions Court has the jurisdiction to try any civil matter where the amount or value of the subject matter does not exceed * million Ringgit.
when can revoke the proposal
In Malaysia, a proposal can be revoked at any time before the communication of its acceptance is complete against the proposer, but not afterwards. This is in accordance with Section *(*) of the Contracts Act *.
when can revoke the proposal by letter
In Malaysia, a proposal can be revoked by letter at any time before the communication of its acceptance is complete against the proposer, but not afterwards. The revocation is complete when it comes to the knowledge of the person to whom it is made.
when the communication of the acceptance is complete by letter
In Malaysia, the communication of acceptance by letter is complete:
- As against the proposer, when it's put in a course of transmission to him.
- As against the acceptor, when it comes to the knowledge of the proposer.
This is under Section *(*) of the Contracts Act *.
which best scenario describe section *(*) of the contract act *
Section *(*) of the Contracts Act * states that a person is said to have the knowledge of a fact when he is aware of it. Alternatively, he could be presumed to have knowledge of it if he had the opportunity to observe it, unless he proves that he did not have the opportunity.
the situation that describe section * of the contract act * that states that keeping silent is not fraud
Section * of the Contract Act * states that silence is generally not considered fraudulent. However, the exception is if there is a duty to speak or the circumstances of the transaction require a person to speak. For example, if a seller remains silent about a defect in a product that a buyer couldn't reasonably discover, it could be considered fraudulent.
the contractor agrees to build the client house for a price after the contractor amend the price according client requirement describe the validity of agreement
In Malaysia, under the Contracts Act *:
*. An agreement is valid if there is a mutual consensus between parties (Section *).
*. The amendments in price should be communicated and accepted by both parties (Section *).
*. If the amendments significantly change the contract, it may require fresh consideration to be valid (Section *).
Please consult a legal advisor for specific guidance.
client agrees with contractor to build house for 3 days describe the validity of agreement
In Malaysia, the validity of such an agreement would be determined by several factors:
*. Mutual consent: Both parties must agree to the terms (Contracts Act *, Section *).
*. Possibility of performance: The agreement must be capable of being performed. Building a house in 3 days might not be realistically possible.
*. Lawful object: The task must be legal and not against public policy (Contracts Act *, Section *).
best describe the undue influence from fiduciary relations
In Malaysia, undue influence from fiduciary relations is described under Section * of the Contracts Act *. It occurs when:
*. One party is in a dominant position (e.g., lawyer, doctor, parent etc.) over the other.
*. The dominant party uses their position to gain an unfair advantage in the contract.
*. The burden of proof is on the dominant party to prove that undue influence was not exerted.
the options of the party whose consent was caused by misrepresentation
In Malaysia, under the Contracts Act *, if a party's consent was caused by misrepresentation:
*. The contract is voidable at the option of the party whose consent was obtained by misrepresentation (Section *).
*. The party can insist that the contract be performed, and that he be placed in the position in which he would have been if the representations made were true (Section *(*)).
*. They can also choose to rescind the contract (Section *).
the void due to unlawful object or consideration
In Malaysia, under the Contracts Act *:
*. If the consideration or object of an agreement is unlawful, the agreement is void (Section *).
*. Consideration or object is unlawful if it is forbidden by law; is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent (Section *(a-c)).
*. A contract with an unlawful object or consideration can't be enforced in court.
the case to the legal principle, PHARMACEUTICAL SOCIETY OF GREAT BRITAIN VS BOOTS court of appeal
The case Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd is a famous English court case that established the principle that the display of a product in a store does not constitute a legal offer to sell. Instead, it is an "invitation to treat," and the offer occurs when the customer presents the good for purchase. This principle applies widely in common law jurisdictions, including Malaysia.
relation to poussard v spiers
The case of Poussard v Spiers (*) is a leading English contract law case that established the principle of "condition precedent." In this case, Madame Poussard entered into a contract to perform in an opera but fell ill and couldn't perform for the first several performances. Spiers and Pond terminated her contract. The court held that her ability to perform on the opening night was a condition precedent to the contract. If she failed to meet this condition, Spiers and Pond had the right to terminate the contract. This principle is also applicable in contract law in Malaysia.
why was past consideration sufficient in lampleigh b braithwaite
The case of Lampleigh v Braithwaite (*) is an English contract law case that made an exception to the rule that past consideration is not good consideration. In this case, Braithwaite had asked Lampleigh to procure him a pardon for murder, which Lampleigh did. Later, Braithwaite promised to pay Lampleigh for his services but failed to do so. The court held that although the promise to pay was made after the services were rendered (past consideration), it was implied that payment would be made from the start. Thus, past consideration here was deemed sufficient.
advice to offeree legal option when the offeror does not tell the true level of profit and not tell to offeree that the rival opening office is opening
In Malaysia, such a situation could potentially fall under misrepresentation or non-disclosure, as defined in the Contracts Act *:
*. Misrepresentation: If the offeror knowingly made false statements about the level of profit, the offeree might have the right to void the contract (Section *).
*. Non-disclosure: If the offeror had a duty to disclose material facts (like a rival opening an office) and didn't, it could be considered fraud (Section *).
Please consult a legal advisor for specific advice.
offeree buy a new cement mixer from offeror than the mixer was delivered late than the date should be send. than the offeror send a cheaper mixer to offeree. because of the offeree return it and refuses to pay the offeror wants to sue offeree. advice the issue
In Malaysia, according to the Sale of Goods Act *:
*. If goods delivered are not as per contract, the buyer has a right to reject them (Section *).
*. If delivery is delayed, the buyer may treat the contract as repudiated (Section *).
*. If the seller sues for price, the buyer can defend based on these rights (Section *).
Please consult a legal advisor for specific advice.