AGENCY

NOTRAH V. MEOR
 Issue: Can Notrah sue Meor for damages?
 Can Meor claim for compensation?
 LAW
 Defination of Agent,Principal and agency
section 135
 Formation of agency; state briefly each
type
 Discuss thoroughly on formation of agency
through necessity
- 4 elements with cases & sections
- Effect of agency through necessity
 APPLICATION
 DETERMINE WHO IS AGENT,PRINCIPAL AND
WHETHER THERE EXIST AGENCY RELATIONSHIP
 1000 SACKS OF POTATOES: EFFECT WHETHER
IT HAS FULFILLED THE 4 ELEMENTS
ACCORDINGLY
 200 CHAIRS & 300 DESKS: WHETHER IT HAS
FULFILLED THE 4 ELEMENTS OF NECESSITY
 ONLY THE FIORST ELEMENT OF REAL & ACTUAL
EMERGENCY DIFFERS
 Conclusion

 Meor may claim on

 Notrah cannot claim on…but can claim
on….
PRINCIPAL AGENT
3rd PARTY
 CONTRACTUAL RELATIONSHIP
 PRINCIPAL
 CAPACITY
 CHAN YIN TEE v. WILLIAM JACKS &
CO( MALAYA ) LTD
 FORMATION OF AGENCY
 1. EXPRESS
 AUTHORITY OF AGENT
 DUTIES OF AGENT
 DUTIES OF PRINCIPAL

 Exceptions:
 EXCEPTIONS
 NEGOTIABLE INSTRUMENTS
 BILLS OF EXCHANGE
 ALI AH SENG
 Negotiation of bills
 Indorsements On Bill Of Exchange

 TRANSFEROR/ TRANSFEREE/
 Holder
 CHEQUES

 THE PAYING BANK PROTECTION:

MAMAT B. DAUD v. G OF
MALAYSIA
PROCESS OF MAKING
LAW( BELOW)
LEGISLATIVE PROCEDURE[ Part
IV Chapter V of Federal
Constitution]
 1. Bill presented(filed) by any
Minister Date is given
by giving notice to the clerk of
specified house by the clerk
2. On the relevant date the
Minister
responsible for the bill will start
by
1st reading- mention of title &
date of
2nd reading.
2nd Reading- starts with a motion
3. Pass over to
 that need to be seconded,
followed by the next
House.
debate on the issue of bill. Bill
have been ( Same
process
printed and circulated to all
members. Continue)
 Committee Stage- allow
members to discuss
details of the bill
3rd Stage- Minister will report that
the bill
have been considered and
accepted with or
without amendment
Suggest amendment to the NO
4. After considering it,
Original house.Original
return back to the
May accept or reject
original house
the suggestion.
YES
5.The Bill is sent to YDPA to get
his assent. Article 40(1), YDPA
act as according to the advise of
cabinet.
6. The bill must be gazette before
it can be officially enforced.
SOURCES OF MALAYSIAN LAW
WRITTEN LAW
UNWRITTEN LAW
Fd/ State Subsidiary
English law Judicial
Constitution Law
Decisions
Act/Enactment/Ordinance
Muslim Law Adat
Federal Constitution
Parliament
State Legislature
Federal List &
State List &
Concurrent List
Concurrent List
 Act
Ordinance Enactment
(1946-1957)
PENGHULU’S CT
 The functioning of the system of
precedents is based on the hierarchy of
decisions and hierarchy of courts.

 Straits Settlement
 English law was introduced in Penang in 1807.
Therefore a Muslim may make a will on his
property as a whole, eventhough this is
against Muslim’s law.
 ONG CHENG NEO V. YEAP
 Privy Council held that there are no residents
in Penang and there is no evidence to show
that there exists any law prior to the coming in
of British. Therefore English law is applicable
here because the English reside here.
 REGINA V. WILLANS
 Maxwell R: the 1807 Charter of Justice is to
introduce English law in Penang whereas the
1826 Charter of Justice is to extend it’s
application to Malacca and Singapore.
Federated Malay States &
Unfederated Malay States.