Malaysian Legal System Introduction to Law

UNIVERSITI TEKNOLOGI MARA-FAKULTI FILEM TEATER & ANIMASI-ZOOM NOTES
MALAYSIAN LEGAL SYSTEM+INTRODUCTION TO LAW Sources of Law: statutes, law reports, text books, religious beliefs, local customs, opinion of jurists
 Law & Morality:Overlaps/Differs from Society e.g-gayism/illicit samsu-S’wak/P’sular
 Law & Justice:Uphold justice & depends on locality e.g rampancy
 Federal Constitution (lex locci)/ Written Constitution
 Highest Law of the land
 Malaysian/human rights/liberty
 Any laws against the Federal Constitution-null & void
 e.g: retrospective penal provision/trial by the same offence/represented by a legal practitioner – 24hrs MALAYSIAN LEGAL SYSTEM-MAXIM:CHECK & BALANCE/MONTESQIEU
 JUDICIARY
 EXECUTIVE
 LEGISTLATIVE TYPES OF LAW:
 Written Law-e.g.acts/Unwritten Law- e.g. courts decicion
 Public Law e.g.criminal law / Private Law e.g. contract law
 Binding Precedent:Higher Court binds the lower
 PersuasivePrecedent:Courts of the same level: persuasive LAW OF CONTRACT ELEMENTS:-
1. Offer
To be distinguished from ‘invitation to treat’:Advertisement
2. Acceptance
3. Intention to create legal relationship
Mere promise for lunch treat is NOT binding
4. Consideration Except: Natural Love & Affection:e.g.Father to Son
5. Certainty
6. Capacity-Sound Mind

MINOR
General principle is not binding & restricted to the followings:
 contracts for necessaries –eg: contracts to have food, clothes & purpose of education.
 contracts for scholarship – a scholarship agreement is valid.
 contracts for insurance – under the Insurance Act,1963, an infant over the age of 10 may enter into a contract of insurance. H/e, if he is below 16, he can only do so with the written consent of his parents or guardian. CONTRACT:
VALID: SAH
VOID: BATAL