Law & Engineering

Practice
ECM517
Ir. Abdul Halim Bin Abdul Ghani

Principles of Law
COURSE INFORMATION
 CODE : ECM517

 COURSE : LAW & ENGINEERING PRACTICE

 LEVEL : Bachelor of Engineering (Hons.) Civil

 CREDIT UNIT : 3.0

 CONTACT HOUR : Lecture : 3.0 hrs/weeek

 PART : 07
Lesson Learning Outcomes
 At the conclusion of this lesson, the student
should be able to:

 Discuss what is Law.

 Describe the various types of Laws

 State the sources of Law

SYLLABUS
CONTENT
1. Principles of Law

2. The Malaysian Legal System

3. Contract Law

4. Local and Federal Authorities Regulations

5. Environmental Law

6. Construction Safety and Health Law

7. Malaysian Industrial Labour Law

 What is Law?
Law has many definition

‘The written and unwritten body of rules largely derived from custom and
formal enactment which are recognized as binding among those persons
who constitute a community or state, so that they will be imposed upon and
enforced among those persons by appropriate sanctions…’
Curzon

‘ A command set by superior being to an inferior being and enforced by

sanctions (punishment)…’
John Austin

Law is not synonymous with Justice…

What is Law?
 Law is a system of rules that people are supposed to
follow in a society or a country.
 To follow the laws of a society is to do legal things.
An activity is illegal if it breaks a law or does not
follow the laws.
 In ancient societies, laws were written by leaders, to
set out rules on how people can live, work and do
business with each other.
 Today in most countries, laws are written and voted
on by groups of elected politicians in a legislature,
such as a parliament or congress.
What is Justice?
 Justice refers to fairness or rightfulness; it is a
moral value to which the law is a means
towards its attainment

 The famous latin legal phrase: fiat justitia,

ruat coelum
 “Let justice be done, though the heaven falls”
History of law
 The history of law is closely connected to the development of
human civilisations. Ancient Egyptian law developed in 3000
BC. In 1760 BC King Hammurabi, took ancient Babylonian law
and organized it, and then had it chiseled in stone for the public
to see in the marketplace. These laws became known as the
Codex Hammurabi.

 The Torah from the Old Testament is probably the oldest body
of law. It was written in about 1280 BC. It has moral rules such
as the Ten Commandments, that tell people what acts are not
permitted.
Classification of law
Law regulates the citizen in their relations
with the State (government) and with one
another. An easy way to see how it operates
in the legal system is to classify it in the light
of its relationship. Law can be classified into
public and private law.
Public Law
 Public law regulates the relationship between
the citizen and the state

 It is further divided into areas of law dealing

with different types of matters affecting the
citizen-State relationship namely,
constitutional law, administrative law and
criminal law.
Public Law – 3 types
 Constitutional law defines the structure of
government and the rights of inviduals under that
government. (is used to create laws on how different levels of
governments can act and on human rights.)

 Administrative law regulates the duties and

exercise of powers by administrative authorities (is
used by ordinary citizens who want to challenge decisions made by
governments.)

 Criminal law (familiar to most people) concerns

those acts or omissions which are offences against
the State and for which offender is liable to be tried
and, if found guilty , punished. (is used by the government to
prosecute and punish people who break laws.)
Private Law
 Private law (sometimes referred to as civil
law) regulates relationship between citizens
and may further divided according to the
ways it regulates the relationship.
 It includes contract, tort, trust, land, family,
company, partnership, agency and
commercial law.
 Legal action is normally undertaken at the
initiative of the individual
Private Law – Types of
 Contract law sets rules on agreements to buy and sell
items and services.

 Property law states the rights and obligations that a person

has when they buy, sell, or rent homes and buildings.

 Trust law sets out the rules for money that is put into an
investment, such as pension funds that people save up for
their retirement.

 Tort law helps people to make claims for compensation

(repayment) when someone hurts them or hurts their
property.
Private Law
 The party commencing an action is referred
to as “the plaintiff” and the other party being
sued is “the defendant”.
 The action is called civil proceeding and the
procedure governing it is quite different from
criminal proceeding which is a prosecution of
an offender for an alleged offence.
 The law of contract is the most important
because it encompasses all sorts of
commercial and non-commercial
transactions.
The Common Law
 Refers to law laid down by judges ‘judge -made laws”
sitting in the Superior Courts as distinct from statute
law enacted by the legislation
 It comes from England and it became part of almost
every country that once belonged to the British
Empire, except Scotland, and the Canadian province
of Quebec. Common law had its beginnings in the
Middle Ages, when King John was forced by his
barons to sign a document called the Magna Carta,
which limited his authority to pass laws. Over time it
developed solid principles.
Religious law
 Religious law is law based on religious beliefs
or books. Examples include the Jewish
Halakha, Islamic Sharia, and Christian Canon
law. Until the 1700s, Sharia law was the main
legal system throughout the Muslim world. In
some Muslim countries such as Saudi Arabia
and Iran, the whole legal systems still base
their law in Sharia law.
Religious law - Islamic Law
 Applicable only to Muslims and administered
in the Syariah Courts.
 The power to administer Islamic law is
primarily that of the States (except KLWP and
Labuan).
 The Syariah Courts possess civil jurisdiction
in proceedings between parties who are
muslims, and limited criminal jurisdiction over
offences by muslims against the religion such
as not fasting in the month of Ramadan,
alcohol consumption and others
Native law
 Personal law applicable to the natives of
Sabah and Sarawak
 Natives are the indigenous people of these
two states and the legal definition of ‘Native’
is found in the Federal Constitution and State
law
Sources of law
The main sources of Malaysian law are:
 Federal Constitution
 13 Constitution of the States
 Federal laws made by Parliament
 State laws made by State Assemblies
 Federal and state subsidiary legislation
 Judicial decisions of the Superior Courts
often referred to as ‘common law’ or ‘judge-
made law’
Sources of law – contd..
 Principles of English law suitable to local
circumstances
 Islamic law which is applicable to Muslims
The Rule of Law is the law that says that Government can
only legally use its power in the way the government and
the people agree.
 It limits the powers a Government has, as agreed in a country's
constitution.

 The Rule of Law prevents dictatorship and protects the rights of the
people.

 When leaders enforce the legal code honestly, even on themselves and
their friends, this is an example of the rule of law being followed.

 "The rule of law", wrote the ancient Greek philosopher Aristotle in 350
BC, "is better than the rule of any individual."
Professional Engineers and the Law
 Engineers like other professional people, have a duty
to acquire a working knowledge of the law as it
affects their professional work
.
 In the case of an engineer the relevant fields of law
are notably those of contract, especially the standard
forms of building contract, and the various statutory
regulations, such as the Building Regulations,
planning law, health and safety law, procurement law,
and the like
Professional Engineers and the Law
 An engineer is not expected to know all the law in the
relevant areas himself.
 But he is expected to ensure that his client does not
suffer from the absence of his own legal knowledge.
 He is expected to know enough law to be aware of
the circumstances in which specialist legal advice is
needed.
 He should then advise his client to obtain legal
advice.
 Alternatively, he should himself instruct a barrister
directly.
Professional Engineers and the Law

 An engineer will also want to know about the

areas of law which affect him or her
personally.
 When can he be sued?
 How can he sue for his fees?
 When is copyright in his design protected?
 How should he insure?
 What is the legal relationship between him and
his employer, or between him and his
employees?