...Introduction This condition could be a contract. The "contract" term can be defined as an agreement enforceable law. Like a legally binding agreement is a contract between the parties. Malaysian legislation granting of contracts is the Contract Act of 1950 (Act 136) (amended in 1974), but if there is no agreement on the purchase in 1950 for the treatment of a specific topic related to the law of the contract or when a specific topic is provided by the law and if procurement on this issue is not exhaustive, English law can be applicable to the ideals of the Civil Law Act 1956. Where the CA makes certain procedures that distinguish from English Law procurement of the CA 1950 must dominate. Malaysian law is binding contracts Contract Law 1950 (Act 136) (amended 1974). (Laws of Malaysia, 2006) Moreover, in the CA 1950, there are three ways of main contract: oral, written, or behavior. Also, the eight elements of the contract: offer, acceptance, intention to create legal relations , consideration , confidence , capacity, consent and legitimacy. And there are three basic types of contracts that are void, voidable and enforceable. A void contract is when two people declare off from the contract. Contract is voidable when one person wants to cancel the contract and turn it into a void contract. Finally, unenforceable contracts are valid contract, but may not be complying with the law. (Yet, 2011) 2.0 Offer However, if there was an agreement, this section can apply element offer. An offer...
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...KULLIYYAH OF ECONOMICS AND MANAGEMENT SCIENCES ‘Comparison of Principles of Sale Contract between Conventional and Shari’ah Laws’ LAW 3512 COMMERCIAL LAWS (SECTION 3) Any form of cheating or attempt to cheat is a serious Offence which may lead to dismissal Introduction We are blessed as a human being on the earth as the only creature created by God who has the ability to think upon choosing between alternatives. Humans are associates with many labels and beliefs that they uphold throughout their life. Major differences of choosing between alternatives would be based on their framework of thinking mostly derive from their religions or beliefs. Speaking from Malaysia context, Islamic belief would be a stronger influence for Malaysian citizens before embarking into any decision. Although, Malaysia is known as the Islamic state but Malaysia still uphold conventional laws as the supreme laws for the state over Islamic Laws which ruled by the Federal Court. Islamic Laws would only covers family laws, inheritance and few specific issues among muslims[1]. We would further discuss on the framework of sale contract from Islamic and conventional point of view. Take a look around and it is apparent in our daily lives that transactions need to occur for us to carry on sustaining our needs and wants. As humans we ought to want things and we need to have goods that are essential for our daily lives in order to carry on living our lives...
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...Introduction: Law: Laws are present in this world for solely one reason that is to keep order and protect the people from harm ways. Each and every step that we take in the outside world is somehow governed by law For Example, purchasing a new apartment or starting a new business. Contract Law: it can be stated as “the body of law that administrates oral and written agreements associated with exchange of goods, money and property.’’ A contract law includes certain other aspects such as the nature of contract, contracts limits, freedom of contract and ending period of contract. Contract law is an agreement between individuals and is upheld by law and penalties are enforced if the contract is void or tempered with once the agreement has been signed. The reason contract law exists is to form a mutual understanding between the parties who are involved to avoid future problems and changes by either property without both ends agreement. Without contract law, all the agreements established between the parties will become impractical and meaningless and both sides would try to change the agreements along the way making it harder and difficult for them to execute their plans properly. UK Law: The United Kingdom’s constitution is in unwritten form. Body of UK law is purely based on statue, traditional rights and common law. Alteration comes about as time changes due to modified parliament acts. Some of the Malaysian laws are from the English law act. Common law and equity law form part...
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...Table of Contents Question 1(a) 1 Question 1 (b) (i) 2 Question 1 (b) (ii) 3 Question 3(a) 5 Question 3(b) 6 Question 3(c) 7 Question 4(a) 8 Question 4(b) 10 References 11 Question 1(a) The issues arise in the above situation is whether Ahmad have any contract made with Suria Supermarket. The law consist in the above situation is Invitation to treat (ITT). As you known, invitation to treat does not mean amount to an offer. Section 2(a) of the Contract Act 1950 defined as something which is capable of being converted into an agreement by its acceptance. There is a different between Invitations to treat with an offer. A proposal must be distinguished from an invitation to treat (ITT) so that the proposal can be the only way to attract any party to enter the contract. Examples of Invitation to treat which is Good displayed in shop windows and shelves, Advertisement, Auctions, Catalogues and Price lists. Based on the above situation, the law of Invitation to treat of display of goods is exist which it is not a proposal to sell and invitation not capable of being accepted, In shop , owner merely holds himself prepared to consider proposals made to him at the suggested price, so an offer to buy is made when the customer puts the goods in a trolley or takes the item off the shelf, but the contract only made when the person bring the item to the cashier’s desk and pay for the item. Section 2 (a) of the Contract Act 1950 provides that when one person signifies...
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...acceptance is valid and Johan refuse is a breach? According to section 11,person is competent to contract who is on the age of majority according to the law which he is subject is 18 years old. So at the under age of 18 years old ,they would not be in an agreement or contract. But it would have few element that can go into contract there is necessaries thing such as food, cloth, insurans, and scholarship.According to section 16(2b),the person sign a contract is under influence such as affected by age or bodily distress. At contract amendment act 1976, according to the section 4,it stated that the scholarship does not bine to any of the contract law under the age of majority act 1971. If the person who sign the scholarship contract is not the age of majority and any scholarship agreement or contract cannot be contray to any provisions of law. Besides that, to form and sign a contract ,we must contain the 6 element. There are offer, acceptance, consideration, certainly, capasity and Intention to create legal relation(ITCLR). Offer is when anybody filling to offer a offering to anybody or any contract.Acceptance is a offer that have given to someone and the person have agree and accept the offer. Consideration is at the desire of the promisor, promise has done or obtain from doing or does or abstain from doing. Consideration also can say as the request of the promisor and promise.Certainly is comfirmation of promisor and promise. If have any cannot be ucertain or not capable...
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...1. Considerations to be taken into account by Carlsberg Malaysia in the event of diversification in producing non – alcoholic carbonated drinks in Malaysia. Carlsberg Malaysia is embarking on diversifying its product range by producing non-alcoholic carbonated drinks with a prospect of a return in investment (ROI) in the 12% range. Two areas of considerations should be looked into if Carlsberg Malaysia wants to proceed with this diversification program. 1st Method Firstly, Carlsberg could emulate the methodology employed by its competitor, Guiness, the producer of Malta non-alcoholic drink, by using existing manufacturing facilities, distributor outlets, handling equipment and sharing the same inventory listings in their production. Hence, gaining halal certification is extremely doubtful and the Muslim market could not be penetrated. Carlsberg could however benefitted from the exemption of paying excise duties and ad valorem tax. Furthermore they could display their new product at all non-alcoholic beverage counters in the market. 2nd Method Secondly, Carlsberg could embark on a totally new marketing strategy of its product by giving importance to ensure that the product is syariah compliance and certified halal by the Islamic regulators. This is to allow Carlsberg to gain an immediate access to the Muslim market, which in size and numbers are much bigger. However Carlsberg should be more conscious of the general perception linking the word Carlsberg to alcohol which...
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...Topic: Philippine vs. Malaysia on Sabah Claim Rationale of the study: Thinking of those possible controversial issues from the past that were not widely known regarding our country, we chose to focus on territorial matters; territorial disputes. Territorial dispute often refers to an opposition or contrasting of countries over a state of ownership in the land. Countries become as rivals for the sake of having a piece of land and contain the rights and power over it. This territorial issue is what our country had faced over a long period of time up to now. One of this is the Claim of Sabah between the Philippines and Malaysia which is what we are going to tackle onto our “Mystery in History”. Long ago, it is said that the Philippines and the island of Borneo, formed a land mass by means of the land bridges connecting the two areas. The North Borneo, now known as Sabah is confined to the Philippines. The Sulu inhabitants regarded it as “land below the wind” for it is located below the typhoon belt. Time came that the Borneo was separated from the Philippines due to lost of its land bridge. The two countries then fell under separate kingdoms usually called as sultanates. When the Spanish navy reached our shores, it influenced all the invaders to engage into different treaties with various sultans. One invader is the Malaysia. The main basis of the territorial dispute between the Philippines and Malaysia over Sabah is the different understanding and interpretation...
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...justice. Thus, this also means the prohibition of interest. The prohibition of interest is one of the main factors that put Islamic economics in distance with the conventional economics. Because of this difference in nature, Islamic Financial Institutions (IFIs) have different types of contracts as practiced by conventional financial institutions. One of the types of contracts entered by IFIs is the Ijarah contract. Ijarah contracts are also known as Islamic leasing. Basically, this study is done in order to understand more the nature of leasing according to Islamic principles, and at the same time, the differences of ijarah with conventional leasing. In addition, this study also aims to identify the types of ijarah practiced by IFIs in Malaysia and also to see how Malaysian IFIs disclosed their ijarah financing in comparison to their counterparts in Bahrain IFIs. This is because as one ummah, it is important to have a standardized standard that is Shariah compliant and could be compared with all the other IFIs. Analysis was done based on the financial reports of the IFIs to observe the differences in the disclosures. The result obtained from the observations then will be used to suggest some improvements that could be done to improve the IFIs. Ijarah (Islamic Leasing) Ijarah contract could be defined as a contract that transfers the usufruct of an item...
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...Page 8 Target Market & Competition – Page 9 Country Overview – Page 10 International Mission Statement – Page 14 Marketing Mix Strategies – Page 15 Price Budget & Considerations – Page 20 Marketing Budget – Page 21 Conclusion – Page 23 References – Page 24 Purpose of Marketing Plan: This plan is being structured for the use of exporting Aluminium patrol boats to Malaysia. In this report Malaysia Trade laws and economy will be discussed and strategy will be formulated to overcome any obstacles that may be encountered. A country overview of Malaysia will appear in this plan as well as the various costs to be considered. Various strategies for the elements of the marketing mix will be formulated based on options that are best suited to entering foreign markets. Target Markets will be identified and also any possible competitors that may already exist in the Market. Basically the overall purpose of this plan is to formulate specific export strategy for SuperBoatbuilders to enter the Malaysian Market. Introduction: SupaBoatbuilders Pty Ltd is a company that manufactures and distributes Aluminum boats commonly use for military and coastal patrol purposes. The company is currently looking to expand and export its products into foreign markets, specifically Malaysia. SuperBoatbuilders’ pride stems from the success of designing and building high speed Patrol boats. In 1987 it introduced its first ever power boat to South African Markets,...
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...International Business Malaysia Abstract This abstract will include some information about our research in a briefly way to show more about Malaysia and its transnational corporations. First, we will talk about the role of transnational corporations (TNCs) in the Malaysian economy with specific attention to its environmental implications, and regulatory measures. We will discuss the role of transnational corporations (TNCs) in the Malaysian economy, its environmental implications, and regulatory measures to shield harmful effects. Second, we will also conclude that while environmental considerations did not appear very important in the relocation of TNCs to Malaysia, there is evidence of environmentally inferiority in Malaysia. However, it appears that many TNCs have new environmental practices in place, and that a number of TNCs have environmental management in the country. And as a conclusion, we will include the major sectors of transnational corporations in Malaysia and the main obstacles that affect it through the global business. Criteria 1) Starting Business Many foreigners were confused as to which is the right entity they should have to start their business in Malaysia. Starting a business in Malaysia takes only 11 days. There are overwhelming questions facing by foreigners especially Malaysia is totally new to many. * My Business nature, is it eligible for foreign ownership? * Which is the best recommended tax structure for my...
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...to: 1. 2. 3. 4. Identify laws and Acts which govern the formation of a contract in Malaysia; Explain the definition of a contract; Discuss the basic elements in the formation of a contract; and Analyse the legal provisions regarding each element in the formation of a contract. INTRODUCTION In this topic, you will be introduced to the laws which govern the formation of a contract in Malaysia. You should understand the definition of a contract and each basic element in the formation of a contract, which are made up of offer, acceptance, consideration, capacity, intention and certainty. Students will not only find Malaysian Acts and cases applied in the discussions, but also those from England, India and Singapore. These are facts neces sary to support your answers during the examination. With a clear understanding of all the points above, you should be able to complete all the exercises given in this topic. 2 TOPIC 1 INTRODUCTION AND ELEMENTS OF A CONTRACT 1.1 INTRODUCTION, DEFINITION AND BASIC ELEMENTS OF A CONTRACT In Malaysia, the Contracts Act 1950 (hereafter referred to as CA 1950) governs the formation of a contract. The Sale of Goods Act 1957 governs contracts for the sale of goods, whereas hire-purchase contracts are governed by the Hire-Purchase Act 1967. Apart from these Acts, students will also study English cases and statutes which are accepted as authority based on the provisions of Sections 3 and 5 of the Civil Laws Act 1956. However, it must...
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...Discuss whether the death penalty in serves a relevant purpose in criminal proceedings in Malaysia. Over the centuries, laws and public attitudes relating to torture have evolved. It is no longer permissible to use thumbscrews or the rack as legally sanctioned means of interrogation and punishment. Attitudes toward the death penalty are also changing, and as more and more countries abolish capital punishment, the guillotine, the garrotte and the noose are being relegated to museums, alongside medieval instruments of torture. As we know, the death penalty is the sentence of death upon a person by the state as a punishment for a crime. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally “regarding the head”. Hence a capital crime was originally one punished by the severing the head from the body. Capital punishment in Malaysia applies to murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong (the King). Recently, the law has been extended to include acts of terrorism. Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face the death penalty. Only High Courts have the jurisdiction to sentence someone to death. Juvenile cases involving the death penalty are heard in High Courts instead of the juvenile court where other juvenile cases are heard. Appeals to the Court of Appeal and the Federal Court are automatic. The last...
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...Unwritten Law Unwritten laws are laws that are not enacted and not found in any constitution. It comprises of judicial decision of the superior courts, English law and customary law. Judicial decisions of the superior courts In Malaysia, judicial decisions of the superior courts are the High Court, Court of Appeal and the Federal Court. It is based on the hierarchical system known as stare decisis or the doctrine of binding judicial precedent. There are two types of precedents. Mandatory precedent is applied when the decisions of superior court are binding on lower courts or the superior courts are bound by their own decisions previously. However, the decisions of lower courts are not binding over superior courts. The lower courts must refer to the mandatory precedents of superior courts. However, judge of superior court will distinguish a case before him and the cases lying down the precedents and can decide not to follow the mandatory precedent if he thinks that the mandatory precedent is not related to the case before him. From this, an original precedent is formed. Persuasive precedent is a precedent which is useful or relevant to a case. It is not mandatory for the judges to apply persuasive precedent. Persuasive precedent may be binding on lower courts if judges of superior court choose to apply persuasive precedent. Precedents are the decisions made by judges previously in similar circumstances. It is generally recognized that judges do make law though not in the...
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...perceived in the ratio of males and females in the labor market, occupations that they choose as well as the income that they receive (John , 2014, p. 291). 1.2 Aims The report seeks to analyze the gender gap in Malaysia about the wage differentials in the labor market. 1.3 Country The report has opted to choose Malaysia has the country to analyze the gender gap that exists in the wage differential. 2.0 Background 2.1 History In the recent past, the economy of Malaysia has undergone crucial changes shifting from overdependence on agriculture to service as well as the manufacturing industry. Recently the service sector has become the key to the economic growth of Malaysia. The service industry has evolved to a more knowledge and capital intensive activities that call for more skilled-labor (Becky & Jennifer , 2009, p. 252). Such changes have led to increasing the wages that are being paid on the market as well as demand for more labor. 2.2 Gender gap However in Malaysia, the male labor participants are much higher as compared to the female labor participants although they are equally educated. It has been observed that employers prefer males as opposed to their female counterparts as females are viewed to be less skilled and are not mobile as compared to the males. 2.3 Situation The females...
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...Datuk Seri Najib Abdul Razak , Prime Minister 3rd April 2009 unveiled a new concept- One Malaysia - as a guiding principle to build a united and progressive Malaysian nation in 21st century. The two paramount cardinal principles underlie in One Malaysia concept is to inculcate the sprit and values of togetherness and a sense of belonging among Malaysians, regardless of race ,religion and creed. Najib also reiterated that he will make sure that the future policies formulated by the government will be focused on people centric or people’s interest at heart. He urged Malaysians of all walks of life to admit and accept the reality that Malaysia is made up of plural society. There is no two way about it. Thus, he called all Malaysians to treat diversity in a plural society of Malaysia as a impetus to progress further to greater heights in future. Some of Najib’s new cabinet’s decisions recently reflect the spirit of One Malaysia. For an example, his cabinet decision on conversion issue. The rakyat, particularly the non-Muslim society who were looking forward to resolve many issues pertaining to conversion and lopsided policies felt joyous about the recent decision. His laudable and remarkable decisions on conversion marks the dawn of a better and greater Malaysia for all. His recent policies surely has potential to woo the confidence of the rakyat towards his government . Cabinet has made a ruling that a child must follow the religion practiced by the parents at the time of...
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