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THE WHAT?

In my current semester, I enrolled in a Business Law class that was both intriguing and
demanding. Every lesson was a fresh and unique learning experience for me and also, I
learnt about Business Law concepts, real-life situations, and greatly liked each lecture. I
wanted to share my perspective on this class and the benefits it provides to its college
students, as well as my thoughts and opinions on difficult themes, throughout the rest of this
paper. I've learnt so much in this class, and I couldn't be more eager about sharing what I've
learned. There were few interesting topics which is so more useful and knowledgeable in this
course. It wasn't the same as what I'd learned in my Diploma programme. Only a few terms
from my Diploma years come to mind. Business law is a subject that fascinates me.
However, understanding how to use the terminology effectively in my work might be
challenging at times. I'm occasionally perplexed, but I find it fascinating in general.

Contract law is my area of expertise. On the surface, it is a contract that includes an


agreement between two parties that appears to meet all of the requirements for a legitimate
contract. Another area that interests me is misrepresentation. These themes taught me that
a misrepresentation of a material fact by one party can influence the other party's choice to
enter into a contract. For instance, take the case of fraudulent misrepresentation. It's a
deceptive assertion concerning a contract that you should be aware is false. My aunty paid a
contractor a double price to renovate her home, but it was not fully renovated in the end, and
the contractor charged her the double knowing that his work was not only flawless, but also
a shambles. I don't particularly dislike the topics, but I do find that some of them are
extremely perplexing.
CHAPTER 1: INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM

1) What is the definition of a legal system?

The legal system includes rules, methodology, and organizations by which public drives and
private undertakings can be brought out through real means. At the end of the day, is a
framework for deciphering and upholding the laws. Written law, common law, tradition or
usage having the force of law is defined in Article 160(2) of the Federal Constitution.

2) Written Source

i) The Constitution reads as follows: States and the federal government

ii) Primary Legislation: Parliament and State Legislative Assemblies enact primary
legislation.

iii) Subsidiary Legislation: Laws enacted by a body authorised to do so by federal or state


legislation (rules, regulation, by law)

3) Unwritten Source

i) It is a system of English common law and equity rules that apply to local situations.

ii) It is a Judicial decisions of Malaysia's superior courts –

- Court-accepted customs - Malay custom, native law in Sabah and Sarawak, Chinese
customary law
- Religious Laws: Muslim Law, Hindu Law

CHAPTER 2: LAW OF TORT

1) What is TORT?
Tort law is that branch of the law that deals with civil law, including law suits but excluding
issues involving contracts. ... In general tort law falls into three categories: those complaints
dealing with negligence; intentional harm; and unintentional but non-negligent acts known as
strict liability.

2) NEGLIENCE

Negligence is the most prevalent sort of tort. Negligence occurs when a tort defendant, or
person responsible for doing a wrong, is careless and hence liable for the harm caused to
another as a result of that carelessness. In order for a negligence lawsuit to be successful, it
must show four elements. A plaintiff must show that all four elements are present. If any one
of these four conditions is not met, the case is considered faulty.

The following are the four elements:

i) Duty

ii) Breach

iii) Causation

iv) Harm

i) DUTY

In its most basic form, it is a responsibility to either do or abstain from doing something that
will damage another person. Consider responsibility to be a legal requirement. We all have a
responsibility or obligation to act properly or refrain from certain behaviours in order to avoid
injuring or harming another person. As drivers of automobiles on public roads, for example,
we all have a responsibility to respect the regulations of the road. As a licenced driver, it is
our responsibility to do so.

ii) BREACH

Once a plaintiff has established and demonstrated that a defendant owed the plaintiff a duty
of care, the plaintiff must then prove that the defendant breached that duty of care. This
occurs when a person or organisation owes another a duty of care and fails to fulfil that duty.
ii) CAUSATION

Actual cause and proximate cause are the two categories of negligent causation. Cause in
fact is another term for actual cause. It signifies that the plaintiff would not have been
harmed had it not been for the defendant's negligent conduct or omission.

iii) DAMAGE

Harm can take many different forms. It can be financial, such as medical expenses and lost
wages. It can be non-monetary in nature, such as pain and suffering or severe mental
distress. It can be physical harm to a person, a family member, or property. 
CHAPTER 3 AND 4: LAW OF CONTRACT

The law of agreement referenced in this part is the Contracts Act of 1950. (Overhauled
1974). This Act is a reproduction of the Malay States Contract, which just appropriate inside
the previous Malay States. Penang, Malacca, Sabah, and Sarawak have all been added to
the Revised Act. Albeit the premise of Malaysian and English agreement law is basically
something similar, there are a few contrasts on the grounds that the first 1950 Ordinance
depended on the Indian Contract Act of 1872. In other hand, contract law is basically worried
about upholding arrangements. Courts don't generally maintain guarantees. Courts check for
the presence of specific attributes while upholding a bunch of responsibilities or an
agreement. A court will discover that the game plan is an agreement assuming these
qualities are available. Apart from the bare agreement, various ingredients are required to
form a contract.

i) Agreement (Offer/Proposal and Acceptance)

ii) Consideration

iii) Intention to establish legal relations between the parties

iv) Certainty

v) Capacity

I am confident in stating that my knowledge of employment legal procedures has greatly


improved. My perspective had shifted dramatically prior to participating in the course. I
realise that its legal systems and human rights organisations defend employers' and
workers' rights.

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