1.

10 Federal List and State list

(a) Federal list
● External affairs
● National defence
● Internal security
● Education
● Medicine and Health
● Finance
● Federal works and power
● The machinery of government
● Trade, commerce and industry
● Communications and transport
(b) State list
● Land
● Agriculture and forestry
● Local government
● Local services
● State works and water
● State holidays
● Offences against State Law
● Machinery of the State Government
● Indemnity
● Turtles and riverine fishing

2. What is law? (Depends on the mark)

Law is a set of rules that regulates interactions that people have with each other, and which
sets standards of conduct between individuals and between individuals and the government
which are enforceable through sanction. The term ‘law’ is defined both by Article 160(2) of the
Federal Constitution 1957. It comprises of written law, common law and custom law. Law in
Malaysia, which consists of Peninsular Malaysia, Sabah and Sarawak is one political unit but is
not governed by the same set of laws. In Malaysia, law has been classified into 3 broad
divisions which are public law, international law and private law:
(a) Public law governs the relationship between government and individuals. It is subdivided
into two categories : a) constitutional law b) criminal law
(b) International law governs the relationship between nations. It is subdivided into two
categories : a) public international law b) private international law
(c) Private law governs the relationship between individuals. It covers : a) law of contract b)
law of tort c) law of trust
The purpose of law is to govern the conduct of all members of society, whilst ethics guides
individuals in ascertaining the soundness of rules, and their impact upon relationship. It is
needed to regulate and control the affairs of the society.

3. Article 160 (2) FC and case

The term ‘law’ is defined both by Article 160(2) of the Federal Constitution 1957. ​Article 160 of
the Federal Constitution defines various terms used in the constitution​. Law comprises of written
law, common law and custom law. The case involved in Danarharta Urus Sdn Bhd v Kekatong
Sdn Bhd, it is the meaning and application of ‘common law in so far as it is in operation in the
Federation or any part thereof’.

4) ​ 3 approaches of interpreting statute (golden rule, literal rule, mischief) -poppy

Interpret the following terms :
(a) Literal Approach
- courts assume that the meaning and intention of the legislature is clear in the statute to be
interpreted
- the main drawback is one word can carry many meaning so the courts have to decide which
approach should apply
-e.g : a tax payer did not complete his tax return is subjected to a fixed penalty of $20 and treble
the tax that he was ought to pay. The question to decide was the additional element of the
penalty should be charged based on the total amount that he should pay, or just the unpaid
portion. Case Fischer v Bell
(b) Golden Rule Approach
- Golden rule approach will be used whenever it fails to apply literal/ plain meaning approach.
Golden rule approach takes the plain meaning of words used in the statute and adhere to that
meaning
-Extension or modification of the literal rule
-e.g : A hits B. Accord ing to section 77(1), they have to stop after accident. A stated that he has
stopped for 5 seconds. Therefore, judge has to apply golden rule because they interpret the
word ‘stop’. Case Adler v George
(c) Mischief Rule Approach
- In the case where the literal interpretation is not possible, the mischief approach will be used.
The interpretation will be referred to the law before the current statutes are passed, overall
intention of legislation and social purpose. This can be supported in the case law of Smith v
Hughes.
-e.g : London law stated that prostitute cannot find business in the street. Therefore, prostitute
find business from her balcony.

Q5.Written Law
Introduction:
The term “law” is defined by Article 160(2) Federal Constitution 1957. Sources of Malaysia Law
include Islamic law, written law and unwritten law. Written law is the most important source of
Law which comprises o ​ fT
​ he Federal Constitution, State Constitutions, Legislation and
Subsidiary Legislation. The Federal​ Constitution comprises many Articles concerning the
religion of the federation, citizenship, supreme law of the Federation and many other related
subjects.
Body :
Federal constitution is the supreme law of the country, It applies to all states in the federation
and laying down the powers of the federal and state governments. Besides, It enriches the basic
or fundamental rights of the individual.

According to ​Article 4(1) of the Federal Constitution​, FC is the supreme law and any law passed
after independence day which is inconsistent with this constitution shall, to the extent of the
inconsistency be void. Moreover, Laws enacted by parliament which are inconsistent with the
FC may be declared void by the courts as well, refer to case R.Rethana v The Government of
Malaysia.
Each state possesses its own constitution which contain provisions which are enumerated in the
eighth schedule. Some of the provisions include matters concerning the ruler, the executive
council, state employees, amendments to the constitution and so-on. If such essential
provisions are missing, or if any provision is inconsistent with them, parliament may make
provision to give effect to them or to remove any inconsistencies, as the case may be,
accordingly to ​Article 71, FC​.

The Federal Constitution confers legislative power to the Federal Parliament and the State
legislatures. According to ​Article 73 Federal Constitution 1957​, Parliament may make laws for
the whole or any part of the Federation and laws having an effect outside as well as within the
Federation and The legislature of a state may make laws for the whole or any part of that State

According to ​Article 74 of the FC​, Parliament may make laws with respect to any of the matters
enumerated in the Federal List or the concurrent list for the whole of Malaysia. As an example,
External and national affairs in the federal list, and social welfare, protection of wild animals and
birds; national parks in concurrent list.

According to ​Article 75 of the FC​, If any state law is inconsistent with a Federal law, the Federal
law shall prevail, State legislatures have the power to make law with respect to any matter not
enumerated in any of the lists set out in the ninth schedule and which are not a matter in respect
of which parliament has power to make laws, Refer to case, Mamat bin Daud & Ors v
Government of Malaysia.

Conclusion:
In conclusion, written law is the most important sources of law as the Judge can refer to the
written law to decide the final decision. ​Written Law refers to the law stated in the Federal
Constitution which is the supreme law of Malaysia

6. Differentiate between magistrates court and session court

Magistrates Court Session Court

 Civil Jurisdiction Total amount of disputes or
claims less than RM
100,000.00
Hear all actions and suits of a
civil nature where the amount
in dispute or value of the
subject matter does not
exceed RM1,000,000.00

Criminal Jurisdiction
Hear all criminal offences
which subject to a fine of RM
10,000.00 , five years
imprisonment, whipping of up
to twelve strokes or a
combination of any of the
above mentioned.
Impose a limit on the powers
of a Session Judge by
precluding him from imposing
the death sentence. They just
only can pass any sentence
including natural life
sentence.

7. Discuss theories of ethics to develop business ethics​ :

Ethics ​a​re the principles that guide a person or society, created to decide what is good or bad,
right or wrong, in a given situation.​ ​Acting ethically involves acting in a morally correct and
honourable way. Ethics has some theories that helps ​govern a person's behaviour or the
conducting of an activity which are:
1. Consequentialism which is concerned with the consequences. It focuses on the
approach to morals which evaluates behavior according to the consequences of that
behavior. One example would entail lying under the threat of government punishment to
save an innocent person's life, even though it is illegal to lie under oath.
2. Utilitarianism which is a form of consequentialism. It states the ethically right behavior is
to perform the actions which results in a greater number of utilities that could be
achieved by any other action. For example : ​a pharmaceutical company releasing a drug
that has been governmentally approved with known side effects because the drug can
help more people than are bothered by the minor side effects.
3. Deontological ethics which requires a person to do the right thing regardless of the
consequences, the difference between deontological ethics and consequentialism is that
it considers that consequences can never be an appropriate justification for the act (the
end does not in itself justify the act). ​ ​For example : shooting the intruder (killing is
wrong) to protect your family (protecting them is right).
4. Virtue ethics are the personal qualities that provide the basis for an individual to lead a
good and noble life. It stresses on the type of moral qualities that puts us in a position to
act morally. For example : Ali has good self-control in handling matters which makes him
virtuous.
 5. Relativism, which explains how moral values can differ from one culture to another, from
one society to another and even from one individual to another and how moral values
are relative to a particular environment. For example, sex before marriage is considered
morally unacceptable in India, but in the US it is considered as the norm.
Ethics are principles and values, which together with rules of conduct and laws, regulate a
profession, such as the legal profession. They act as an important guide to ensure right and
proper conduct in the daily practise of the law.

8. List 6 characteristics of public company

- Section 11(2) states that all companies limited by guarantee are public companies
- Section 25(1)(a) requires the name of a public company should end with the word
“Berhad” or its abbreviation“Bhd”.
- Unlike a private company which can commence business once it gets its certificate of
incorporation, a public company must still wait until the Registrar issues them the certificate of
commencement of trade before they can start doing business
- Public listed companies are companies whose shares are listed on Bursa Malaysia
- cannot restrict the number of shareholders to 50 and their transferability
- may raise funds from issuing shares to the public
- is required to comply with the Listing Requirements formulated by Bursa Malaysia

9. Definition of “Goods” under SOGA

Definition:
- Section 2, Sales of Goods Act 1957- Every kind of movable property other than actionable
claims and money; and includes stock and shares, growing crops, grass and things attached to or
forming part of the land which are agreed to be severed before sale or under the contract of sale.
- Section 6, SOGA 1957- Goods which from the subject of a contract of sale may either be
existing goods or future goods.

3 classifications of goods: Existing, Future and Specific goods

- ​Existing goods​: goods already owned or possessed by the seller, and maybe either specified
or agreed upon at the time a contract of sale is made.
- ​ Specific goods​: goods identified and agreed upon at the time a contract of sale is made
- ​Ascertained goods​: Good which, in a contract for the sale of unascertained goods, have
become identified and agreed upon by the parties.
- ​ Unascertained goods​: those identified by description only
- ​ uture goods​: Section 2, SOGA 1957, goods to be manufactured or produced or acquired by
F
the seller after the making of the contract of the sale

Q10 Mr.Andy (Chap6 tutrial)

Issue:
Mr andy wants to know if he can take any legal action towards the shopkeeper for not
selling off the book to him.
Law
Contract is a voluntary, deliberate and legally binding agreement between two or more
competent parties. According to Section 2 (g) of Contract Act 1950, “an agreement not
enforceable by law is said to void”. There are 6 elements to form a contract which are
offer, acceptance, intention to create legal, consideration, certainty and capacity.

According to ​section 2(a), Contracts Act 1950​, ‘when one person signifies to another his
willingness to do or to abstain doing anything, with a view to obtaining the assent of that other
to the act or abstinence, he is said to make a proposal’.​In contract law, advertisements of
bilateral contracts are not offers whereas advertisements of unilateral contracts are
construed to be offers. For example, refer to case ​Pharmaceutical Society of Great
Britain v Boots Cash Chemist Ltd​.

Offer must be distinguished from invitations to treat such as auctions, advertisement of

tenders, catalogues, price lists, goods displayed in shop windows and shelves.
Therefore, the goods displayed at windows and shelves of a shop are not an offer to
hold it but an invitation to treat. Refers to ​Harrison v Nickerson​.

“When the person to whom the proposal is made signifies his assent thereto, the
proposal is said to have been accepted” refers to ​section 2(b)of the Contracts Act 1950.
Moreover, When the acceptance does not reach the proposer, there can still be an
agreement because the offeror, though having no knowledge of the acceptance, is
bound whilst the acceptor, because his acceptance had not come to the knowledge of
the proposer, is not bound. As example, refers to ​Ignatius v Bell​.
Application
Based on the law discussed above, Mr Andy is not able to sue the shopkeeper for not
selling him the book. The reason is that the books that displayed at the shelf of the book
store are only considered as an invitation to treat. The offer to sell the book will only be
made at the moment Mr Andy present the book to the shopkeeper at the cashier.
Conclusion
As conclusion, Mr Andy is not able to sue the shopkeeper based on section 2(b) of
contract act 1950, when the person to whom the proposal is made signifies his assent
thereto, the proposal is said to have been accepted.

Q11 Leonard (Chap 6 tutorial)

Issue:
Leonard wish to buy a refrigerator for his sandwich-making businepss at the age of 17.
However, according to the law of contract, underage person unable to make a contract. Issue
here is whether there is any contract made by Leonard who is aged 17 years old.

Law:
Contract is a voluntary, deliberate and legally binding agreement between two or more
competent parties. According to Section 2 (g) of Contract Act 1950, “an agreement not
enforceable by law is said to void”. There are 6 elements to form a contract which are offer,
acceptance, intention to create legal, consideration, certainty and capacity.

In contract law, an offer is a promise in exchange of performance by another party. For

example, refer to ​case Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd.
Acceptance refers to willingness of one party to enter into a contract with another party
according to the terms set out by the offering party. Acceptance must be made within a
reasonable time, refers to ​case Fraser v Everett.

Intention to create legal relations i​s a motion of every contracting party must have the necessary
intention to enter into a legally binding contract.

Consideration is based on the concept of bargain for exchange. This means that both parties
are getting something that they have agreed to, usually something of value for something of
value. One of the elements of consideration is consideration need not be adequate. Refers to
case Chappell & Co Ltd v Nestle Co.Ltd

Certainty is an agreement which is uncertain or is not capable of being made certain is void.
Refer to ​case Karuppan Chetty v Suah Thian.

Capacity refers to the ability of the parties to a contract to fully understand the terms and
obligation. According to ​Section 11, contract act 1950​, everyone is competent to contract who is
of the age of majority according to the law to which he is subject, and who is of sound mind and
is not disqualified from contracting by any law to which he is subject. There are exceptional
where anyone between the age of ten and sixteen may enter into a contract of insurance with
written consent of his parent or guardian. Refers to case ​Government of malaysia v Gurcharan
Singh.

Application:
Based on the law discussed above, the contract entered by Leonard with the shopkeeper is void
as Leonard is underage accordingly to the age of majority act saying that the age of majority is
eighteen years 18, even though, Leonard is having sound mind and is not disqualified from
contracting by any law. Therefore, no contract is formed between Leonard and the shopkeeper.

Conclusion
As a conclusion, the contract is void based on section 11 contract act 1950 goes, everyone is
competent to contract who is of the age of majority according to the law to which he is subject,
and who is of sound mind and is not disqualified from contracting by any law to which he is
subject.