Sources of Malaysian Law Weeks 3 & 4 • The sources of Malaysian Law mean the legal rules that make the laws in Malaysia‚ which can be classified into written and unwritten law. Written Law • Is the most important source of law‚ includes the following: 1. Federal and State Constitutions. Federal Constitution – Is the supreme law of the land (Article 4 states that any law passed after Merdeka Day which is inconsistent with the constitution shall‚ to the extent of inconsistency‚
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FOUNDATIONS OF BUSINESS LAW - ASSIGNMENT 1 DUE DATE: Week 4 INSTRUCTIONS TO STUDENTS All assignments must be submitted electronically using Turnitin by 9 pm Friday March 22. Please find out if you are also required to provide your teacher with a hard copy. This assignment comprises FOUR questions that are based on some of the information covered in the first two weeks of the course. All questions must be answered. The lecture notes are on the portal in Weeks 1 and 2. They include
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Legislative protections often depend on the worker being an employee. In order for Jane to determine the true nature of her contractual relationship with Total Mechanic Management Services Pty Ltd (TMMS)‚ the law applies a common law tests that approaches the issue by categorizing work relationships‚ distinguishing one from another where work relationships will be divided into two broad categories‚ contract of service‚ and all other type of work. An employee works under a contract of service or
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Bhd v Nasir Ibrahim [1992] 2 MLJ 355‚ SC The Supreme Court in this case held that the essence of consideration is that the promisee has taken upon him some kind of burden or detriment. Curie v Misa (1875) LR 10 Exch 153. Consideration under common law has been defined to ‘consist in some right‚ interest‚ profit or benefit‚ accruing to one party or some forbearance‚ detriment‚ loss or responsibility given‚ suffered or undertaken by the other’ Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd [1915]
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FORMALITIES Common law has no form requirements for contracts: oral contracts are enforceable Consequences of failure of complying with formal requirements vary from statute to statute but include penalties‚ fines and civil consequences ie. Non-enforceability of contract Legislation imposes formal requirements for certain types of contract (this goes beyond the common law) ; e.g.: Consumer credit (has to have warnings‚ and writing) Sale of motor vehicle (needs written work of purchasing car
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International law ------------------------------------------------- Introduction ------------------------------------------------- International law‚ body of rules considered legally binding in the relations between national states‚ also known as the law of nations. It is sometimes called public international law in contrast to private international law (or conflict of laws)‚ which regulates private legal affairs affected by more than one jurisdiction. -------------------------------------------------
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ALGAPPA UNIVERSITY KARAIKUDI – 630 003 TAMILNADU DIRECTORATE OF DISTANCE EDUCATION B B A (II YEAR) PAPER 2.4 BUSINESS LAW Paper 2.2 Commercial Law : Business Law Indian Contract Act 1872 : Meaning and essentials of a valid contract Formation of contract – Performance of contract – Termination and discharge of contract – Remedies for breach of contract – Quast contract Special Contracts : Indemnity of guarantee – Bailment – Agency Sale of Goods Act
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types of torts. A tort is a civil wrong that is outside of contract law and arises out of recognition that a person is responsible for their acts and omissions when dealing with others. The term ’tort’ refers to a number of different laws such as: • nuisance‚ • trespass and • assault Torts generally compensate the individual for personal loss or attacks on reputation‚ where the loss was caused by another person. Tort has as its basis common law. Negligence is now the dominant
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Criminal law is not (just) for the protection of individuals but also for the protection of society Moderate / Disintegration Thesis: 1 The state has power to legislate morality in order to protect itself against behaviors that may disintegrate society and its institutions Society “means a community of ideas; without shared ideas on politics‚ morals‚ and ethics no society can exist” (Devlin‚ 10). Devlin appealed to the idea of society’s "moral fabric." He argued that the criminal law must
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Chapter 1 Risk Management and Sources of Law Risk Management Risk Management – is the process of identifying‚ evaluating and responding to the possibility of harmful events. Risk Avoidance – A risks that should be avoided altogether. (Ex. Ford Pinto and exploding on impact) Risk Reduction – Risk that can be reduced to an acceptable level through precautions. (Ex. Banks loans and collateral) Risk Shifting – Risk that can be put on a different party. (Ex. hiring an independent contractor) Risk
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