Valid Contract
-An agreement enforceable by law when all the
essential features of a valid contract are present.
Voidable Contract
-A contract becomes voidable when the consent is
not free.
-Usually a contract becomes voidable when the
consent of one of the parties to the contract is not
free.
Void Contract
-A void contract is the contract that has no legal
effect at all.
-A contract which ceases to be enforceable by law
becomes void, when it ceases to be enforceable by
law.
Express Contract
-Contracts formed with the words spoken or written,
is an express contract
Implied Contract
-When the offer and acceptance is made by acts or
conducts of the parties, it is an implied contract
Quasi-Contract
-Quasi-contract doesnt arise by virtue of any
agreement, but the law infers or recognises these
contracts under special circumstances.
-For eg- Claims for necessaries supplied to an
incapable person.
-Responsibilities of finder of goods.
Executed Contract
-A contract is said to be executed contract when
both the parties to a contract have performed their
obligations
EXECUTORY CONTRACT
-When either both the parties to a contract have still
to perform their share of obligation, then it is
executory contract.
-For eg- A buys a car from B for Rs 100,000. Now, A
has made the payment but B has not transferred
the contract, it is an executory contract as the
parties have to meet the obligation.
What is law?
-A body of rule which is enforceable by the State.
Law in relation to justice
-the aim is to attain justice in society.
-justice? It is an abstract idea of right and wrong,
fairness and equality.
-therefore, the aim of a given law is to encourage
the doing of what is right or just in a particular set
of circumstances.
Law, the State and Constitution
-Malaysia, which consists of Peninsular Malaysia,
Sabah and Sarawak is one political unit, but it is not
governed by the same set of laws.
-There are attempts to achieve uniformity.
-there are links that unite the two parts of
Malaysia, the Parliament and the Federal Court.
-The Parliament can and does legislate for the whole
country.
-The FC acts as a final court of appeal for the whole
country.
-Malaysia is a federation of 13 states and 3 Federal
Territories. And it has a Federal
Constitution and a 13 State Constitutions.
-Federal Constitution is the Supreme Law of the
land. State Constitution is law made by State to
govern her own state. Any law made by
Parliament or by State Constitution that
inconsistent with Federal Constitution is VOID
CLASSIFICATION OF Law
Public law
- PL is basically the law which governs the
relationship between individuals and the State.
- PL further divided into constitutional and criminal
law
- Constitutional law lays down the rights of
individuals in the state.
- Criminal law codifies the various offences
committed by individuals against the State.
International law
- law which regulates the relationship between one
state and another.
- Eg: Singapore & Malaysia ( Pulau Batu Puteh)
- it may further be subdivided into 2 categories:
A) public international law
B) private international law
Private law
- law between one individual and another
- concerned with matters that affect the rights and
duties of individuals amongst themselves.
- Eg; contract,
1) Tort
Based on an obligation imposed by
law ie: negligence, defamation,
assault, trespass
2) Trust
An equitable obligation binding a
person (trustee) to deal with property
over which he has control (trust
property) for the benefit of persons
(beneficiaries)
Historical sources
factors that have influenced the development of the
law although they are not recognized as law.( Eg:
religious beliefs, local customs
and opinion of jurists)
Legal sources
legal rules that make up the law . Can be classified
into written & unwritten
Written Sources
- is the most important source of law.
- it refers to that portion of Malaysian Law which
includes:
1. The Federal and State Constitution
2. Legislation enacted by Parliament
and State
Assemblies
3. Subsidiary legislation
Unwritten Sources
- doesnt mean that it is not written
- what made it unwritten is that it is not made
by the formal legislative bodies.
- Sources of unwritten law are:
1. English law
2. Case law
3. Customs
Federal Constitution
-Federal Constitution is the supreme law of the
country. Any law passes after Independence Day
with inconsistent with the Federal Constitution is
void.
-Parliament exist under Constitution therefore all
action must consistent with the Constitution. If
inconsistent, it is void
-Supreme law of the land
-comprising 13 states the Federation.
-Laying down the powers of the Federal and State
Governments and also enshrines the basic or
fundamental rights of the individual.
-It was drafted by Reid Commission in 1956 with 5
representatives from India, British, Pakistan and
Australia.
State Constitution
-Each State possesses its own constitution
regulating the government of that State, known as
ENACTMENT.
-contains provisions which are enumerated in the
Eight Schedule to the Federal Constitution
-E.g; matter discusse state executive members,
finance, state legislative assembly, roles of the
Sultan, etc)
PARLIAMENT Legislation
-Refers to law enacted by a body constituted for this
purpose.
-Legislation is not only contains law but is law itself.
-Legislation made by parliament at the federal level
and by state legislative assemblies at state level
-Law enacted by a body constituted for this
purpose.
-Parliament at federal level and by the various State
Legislative
-Assemblies at state level
PARLIAMENT Subsidiary legislation
-Interpretation Act 1967: any proclamation, rule,
regulation, order, notification, by-law or other
instrument made under any Ordinance, Enactment
or other lawful authority and having legislative
effect
-Power to make law is vested to the legislative
body.
-there are too little laws made by legislative body.
-Part of the power is vested to the executive body.
-Legislation made by the executive through
delegation is known as subsidiary legislation
-Defined by the Interpretation Act 1967 as any
proclamation, rule, regulation, order, notification,
by-law or other instrument made under any
Ordinance, Enactment or other lawful authority and
having legislative effect.
Law Making Process
-First reading at Dewan rakyat (Minister formally
introduce the bill by having its short title read)
-2nd reading at dewan rakyat (Debate e-bill & vote
Committee stage then examine the bill, consider
the amendment followed by a report & circulate to
all members)
-3rd reading at dewan negara: Same process with
2nd reading (just to be clear)
-Amendment (suggest amendment to dewan rakyat,
Dewan rakyat may accept or reject the suggestion)
-No amendment
Art 66(3) FC; sent the bill to YDPA to
get his assent
Art 66 (4); YDPA must absent within
30 days
Art 40 (1): YDPA act in accordance to
the advice of cabinet
Art 66 (5): gazette the bill before
officially enforced
English Law
-EL is used as a source of law which was provided in
Sec 3 and sec 5 of Civil Law Act 1956
-Sec 3 is bound on two limitations:
1) it is applied only in the absence of
local
statutes on particular subjects
2) only part of the EL that is suited to
local
circumstances will be applied
Doctrine of judicial precedent
-meaning: every time the judge is to make a
decision in a trial, they are follow the previous
decision made by the previous judge, where the fact
in the previous case is the same as in the present
case.
-If there is no precedent, the judge is bound to
make decision as he think just.
Doctrine of Judicial Precedent policies are:
1) decisions made by a court will bind decision
made by courts which rank lower from her in
hierarchy of courts
2) decisions of a HC will not bind decisions of other
HC but are to be respected
3) decisions of subordinate courts will bind those
particular courts only.
Advantages of precedents:
-promote consistency, coherence and certainty
-promote efficiency and justice, ensuring equality
and fairness
Disadvantages of precedents:
-certain precedent may not be relevant in todays
circumstances but the judge may have to
nevertheless follow it
-may also be slow in responding to community
changes and it is cumbersome to change them as
they may require an Act of Parliament
Judicial System
Customade of Doctrine of JP policies
-The most common customs that apply are adat
perpatih and adat temenggung.
-There is also customs for Chinese and Indian
FEDERAL COURT
It ranks at the highest in hierarchy of courts in
Malaysia.
Jurisdiction to hear:
1)original
2)appellate on both
3)constitution question
4)advisory
Islamic Law
-each State has the power to administer Islamic Law
-the head of the Muslim religion in a state (except
for Penang,Malacca, Sabah, Sarawak and the
Federal Territories) is the Sultan
-in Penang, Malacca, Sabah, Sarawak and the
Federal Territories, the Yang di-Pertua Negeri is the
head
-the courts enforcing Islamic law the Syariah
Courts
-Islamic law applies to Muslims only in businesses,
esp. areas of banking and finance, Islamic principles
are increasingly relevant in lending and investmen
COURT OF APPEAL
-COA has jurisdiction to hear and determine any
appeal against any High Court decision on criminal
matters.
-Civil appeals which can be hear only where the
amount of claim is at least RM250,000.
HIGH COURT
-Consist of two chief judges, one in peninsular
Malaysia and one in Sabah and Sarawak.
-Jurisdiction to hear:
1)original
2)appellate
3)supervisory
-Jurisdiction to hear original jurisdiction is unlimited,
but in practice HC odes not try a small criminal or
civil cases.
-HC jurisdiction is to try cases under her province
only
-Also has jurisdiction to hear appeal from
subordinate courts.
-the appeals of criminal disallowed if the amounts of
penalty is not more than RM25, for civil cases,
appeals is not allowed if amount of claims is not
less than RM10,000.
SESSION COURT
-Has jurisdiction to hear any types of criminal cases
except those deals with death sentence.
-Under civil jurisdiction, claims is not more than
RM250,000.
-For complex matters, such as trust, termination of
contract, the cases will be heard in HC even the
amount in demand is less than RM250,000.
MAGISTRATE COURT
Divided into 2:
1)1st class magistrate
 2)2nd class magistrate -Specially for minor between 10- 18.
-The 1st class magistrate court is for civil case -For murdered, the juvenile will be tried as an adult.
where amount in claim is less RM25,000
-The 2nd class is to hear claims of less than RM3000
JUVENILE COURT