...In English law if other than the promisee provide consideration, then the promise could not be enforce by the law. This problem usually may arise when third party involve. For example in the case of Price v Easton (1833), In this case X are doing work for Easton and Easton make a contract with X. In return for X services Easton would pay a price of $19 to Price. The work was done by X but Easton didn’t make any payment to Price and Price sue Easton. Court held that Price claim failed as he didn’t make any consideration. However under the Malaysia law third party of promise are allowed to provide consideration. Section 2(d) of contract Act 1950 define consideration as “when at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something such act or abstinence or promise is called a consideration for the promise”. For example in the case of Kerpa Singh v Bariam Singh [1966], The defendant own RM8,869.94. In order to settle the debt the defendant son offer a cheque to plaintiff RM4,000 in full settlement for his father debt. The plaintiffs cash the cheque and demand for the balance of the debt. The federal court ruled that as the plaintiff cash the cheque. It is consider that the plaintiff has acceptance the defendant son offer in full satisfaction preclude the plaintiff to claim the balance of the debt. This means that, for an agreement to be binding...
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...Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. ASEAN was founded on 8 August 1967 with the ASEAN declaration signed by Indonesia, Malaysia, Philippines, Singapore and Thailand. ASEAN was signed right after the problem that was happened in the South East Asian Countries. The problem that occurred was known as the Indonesia and Malaysia Confrontation from 1963 to 1966. RELATIONSHIP BEFORE YEAR 1963...
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...Question 1 Section 1 1.1 – P1 – US has maintained a certain degree of dominance in the region that has ensured some degree of regional stability. P2 – A fundamental branch of Chinese soft power and a cornerstone of the Beijing consensus is the multilateralism that characterizes China’s shifting diplomacy. P3 – The rise of East Asian multilaterals in the wake of the Asian financial crisis and the formation of new regional bodies, such as ASEAN +3, has been a direct response to the failures of APEC and the IMF. Conclusion – The harmonious engagement of regional actors in multilateral frameworks has significant capacity to contribute to regional stability, rendering Washington’s role as an extra regional balancer redundant. The rise of a unified East Asia will undoubtedly recalibrate regional security arrangements. 1.2 – The US is a regional balancer due to its hub-and-spoke system. Many theories support this such as hegemonic stability theory, which priorities unipolarity challenges from disputing the status quo but with the failure of IMF and China’s diplomacy shift, China has a more active role with the region becoming more influenced by Beijing Consensus. Regional collaboration has increased with ASEAN +3 of Japan, China, and South Korea. This shows a power shift away from the hub-and-spoke alliance system (Ward, Alex. 2013). Section 2 US will not be the indispensable power in East Asia in the time to come as they are slowly losing their power because ASEAN +3 are...
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...The 2004 Boxing Day Indian Ocean Tsunami happened at 00:58UT at 3.316 degrees North and 95.854 degrees East. The Tsunami lasted 8 minutes and caused 227,898 people to lose their lives, which affected many people in India, Indonesia, Malaysia, Maldives, Myanmar, Somalia, Sri Lanka and Thailand. The Indian Ocean Tsunami was created by a series of chain affects including subduction, formation of an earthquake, formation of a tsunami and wave formation. Subduction is the process that takes place at the boundaries by which one tectonic plate moves under another tectonic plate. The tectonic plates push against each other, causing a build up of pressure, which causes dramatic movement. The Indian Ocean Tsunami was located 250 kms off the West coast of Sumatra, Indonesia. The process of the Indonesian Tsunami was caused by the denser Indo-Australian plate was moving east while grinding against the lighter Burma tectonic plate and this caused the Burma plate to move about six centimetres a year over 150 years which caused a large amount of pressure to build up. The build up of pressure of by the Indo-Australian and Burma Tectonic plates in the continent of South-East Asia caused the formation of the earthquake that formed the Indian Ocean Tsunami. The build up of pressure over the years, forced the earths crust to break, causing a 9.3 magnitude earthquake on the 26th of December 2004. The epicentre of an earthquake is the point on the earth's surface directly above the focus of...
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...In Malaysia, airlines are separated into two; 1) Passenger airlines and 2) Cargo airlines. The passenger airlines in Malaysia are Air Asia, Malaysia Airline System Berhad (MAS), Firefly which is owned by MAS, Layang-Layang Aerospace which is based in Sabah to provide air services to Layang-Layang Island, Berjaya Air which is owned by Berjaya Group, Sabah Air and last but not least Hornbill Skyways which is a helicopter service that operates in the rural area of Sarawak. Other than passenger airlines, there are also three cargo airlines that operate in Malaysia. They are the Athena Air services, MAS cargo and Transmile Air Services. Despite the various kinds of air operators, the airline industry in Malaysia is being monopolized by two main operators. The first one is Air Asia and the second one is Malaysia Airlines System Berhad (MAS).MAS was founded in 1947 by Malayan Airways. With the formation of Malaysia in 1963 the airline changed its name soon after to Malaysian Airlines.MAS is the government owned flag carrier airline of Malaysia. Malaysian Airline System Berhad (Malaysia Airlines) provides scheduled airline transportation services from Malaysia. It principally provides passenger and cargo transportation services through its fleet of 129 aircraft and serves more than 100 destinations across the world. The company also offers maintenance, repair and overhaul services for aircraft. Moreover, the company offers services such as engineering, catering, computerized reservation...
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...Malaysian Studies – Revision Notes The Japanese Occupation The Japanese occupied Malaya for only 3 ½ years (from 15 Feb 1942 to 15 August 1945) Had a great impact on the country – the conquest of the whole of Malaya was fast and effective The attack started from two directions, from the East and the West After landing in Kota Bharu, the Japanese soldiers rushed to Kuantan and then to Mersing. On 12 Dec 1941, Jitra was captured, followed by Penang Island and Slim River. In Jan 1942, the Japanese soldiers entered Kuala Lumpur, and both the Japanese military troops met in Johore Bahru On 15 Feb 1942, Singapore fell to the Japanese army. The main aim of the Japanese was to establish a New Great East Asia government. The Japanese promised to declare independence in certain South East Asian countries. The Japanese Victory The Japanese military conquered Malaya quite easily although the British military was equipped with better firearms and were greater in number than the Japanese There are a few lessons to be learnt from this. 1. The British were not prepared for the war. They did not anticipate the Japanese attack from the north. 2. The fact was the Japanese had a comprehensive plan in which they had a network of spies in Malaya. 3. In addition to that, the Japanese soldiers were in excellent form because of intensive training and were led by capable and experience leaders (such as Yamashita and Tsuji). 4. The Japanese were enthusiastic and inspired to fight...
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...Coursework Booklet thoroughly. 2. The Instructions are stated in detail in this booklet and must be observed. Late assignments will be penalized. The ‘water-marked’ date on the envelope of the assignment send in by students will be taken as the date of posting. 3. The course-schedule is included in here. You are to follow the course outline stated in this Coursework Booklet. DISTANCE EDUCATION TRIM 2, 2009/2010 (8 STUDY WEEKS) 1. About the instructor ➢ Name: Afizal @ Mohd Afizal B Mohd Aris ➢ Qualification: Master of Malaysia Studies (Government and Politics), University of Malaya ➢ Room No: R 3045, FCM Building ➢ Contact No.: 03-8312 5774 ➢ Email Address: afizal@mmu.edu.my ➢ Consultation Hours: via email 2. Course Overview 1. An introductory study of the earliest history until the formation of Federation of Malaysia. 2. A discussion on the system and structure on the country’s administration and constitution 3. A synopsis on the Malaysian Government premier policies in terms of development, social, and politics and its commitment towards the region and international level. 3. Course Objective The objective of this subject is to develop Malaysians who are loyal, patriotic and visionary. The aim of this class is also to produce Malaysians who are proud of their country and able to meet daily challenges so that they can live harmoniously as well as able to appreciate and...
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...statues, legal legislation, and past rules. The existence on English Common Law assists judge to decide cases when Statute is not adequate to cover the situation. Section 5 of the Criminal Procedure Code states that English law shall be applied in cases where no specific legislation has been enacted. However, only the relevant part which is suited to the local needs and circumstances applies. Consequently not all English laws are applicable in Malaysia. This can be look at the formation of Malaysian law is not totally by English law indicating that not all English laws are applicable in Malaysia. The application of English Common law could be illustrated by the situation when there is no law governing by a particular circumstances, Malaysia case law can be applied. If there is no Malaysian case law, English case law can be applied. In the case “Commonwealth of Australia v. Midford (Malaysia) Sdn. Bhd”, it was held that the doctrine of sovereign or crown immunity which was developed in English Common Law after 1956 should apply in Malaysia. It was said that any developments in English Common Law after 1956 should apply in...
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...Peninsular Malaysia is a part of the Eurasian Plate, the South-East Asian part which is known as Sundaland (Hutchison, 1973). The Bentong-Raub line (Bentong Suture line) was proposed as the major tectonic boundary between the western and central belt of Peninsula Malaysia (Tjia & Syed, 1996). Since its initial recognition, researchers have interpreted the suture as a subduction plate-margin mainly due to the basis of serpentinite and other metabasic bodies occurring within the zone (Tjia & Syed, 1996). During Early Permian, the rifted Sibumasu oceanic and East Malaya-Indochina continent from Gondwanaland collided. Sibumasu was subsided at the Palaeo-Tethys Ocean. This subduction continued till Middle to Late Permian until the whole oceanic crust was melted into the mantle. The collision was then continued by continent-continent collision during Middle to Late Triassic, resulting Main Range development in Peninsula and Bentong-Raub suture zone. The Peninsula is subdivided into three belts characterized by different stratigraphy, specifically...
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...Malaysia’s Foreign Policy (DIS 3113) Tun Abdul Razak: Malaysia-China Relationship Normalization Mej Suresh Vijayaratnam TUDM 814114 Mej Razali bin Ahmad Jumali TUDM 8141138 Introduction TUN ABDUL RAZAK’S BIOGRAPHY Tun Abdul Razak was born in Pulau Keladi, Pahang on March 11, 1922 and is the only child to Dato' Hussein bin Mohd Taib and Hajah Teh Fatimah bt Daud. He was a brilliant student and received his early education at the Malay College Kuala Kangsar in 1934. In 1939, Tun Razak joined the Malay Administrative Service. Thereafter in 1940 he was awarded a scholarship to study at Raffles College in Singapore. His studies at the college ceased with the onset of the Second World War. However Tun Razak left for Britain in 1947 to study law with a Malayan Union scholarship at the age of 25. In 1950 he received a Degree of an Utter Barrister from Lincoln's Inn. Tun Razak was a member of the British Labour Party and a prominent student leader of the Kesatuan Melayu Great Britain (Malay Association of Great Britain) during his student days in England. He also shaped the Malayan Forum, an organisation for Malayan students to discuss their country's political issues. Upon his return, he joined the Malayan Civil Service. Tun Razak joined United Malays National Organisation (UMNO) in 1950 he became the youth chief. He worked as the Assistant State Secretary of Pahang and in February 1955 and at a young age of 33 years, Tun Razak became Pahang's Chief Minister. He won...
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...Malaysian Bumiputera Technology-Based Firms ABSTRACT In the new global economy, the importance of inward foreign investment towards a country’s economic growth has become a central issue, especially amongst developing countries. Nevertheless, there is a paucity of literature addressing the implications of foreign investment towards the sustainability of business amongst Malaysian Bumiputera (Indigenous) new technology-based firms (NTBFs). Utilizing Weick’s (1989) conceptual theory building approach, this study provides a foundation for conceptualizing the implications of foreign investment in Malaysian Bumiputera new technology-based firms. Through systematic documentary analysis of the development of foreign investment activities in Malaysia prior to independence (1957) until 2009, our consolidated findings yield a conceptual model showing the implications of foreign investment to the sustainability of Malaysian Bumiputera NTBSFs, and thus contribute to the existing inward foreign investment literature and to the understanding of the evolution of Bumiputera NTBFs. INTRODUCTION In the new global economy, the importance of inward foreign investment towards a country’s economic growth has become a central issue, especially amongst...
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...Nora-Sakari: A Proposed JV in Malaysia. Introduction: This case presents a perspective of a Malaysian company, Nora Holdings Sdn Bhd (Nora), trying to establish a telecommunications joint venture with a Finnish firm, Sakari Oy (Sakari). Negotiations that take place between Nora and Sakari are Cross-Cultural in nature as the former is an Asian company and the later a European company. Nora was a lead supplier of telecommunications (telecom) equipment in Malaysia while Sakari a Finnish Conglomerate, was a leader in the manufacture of cellular phone sets and switching systems. The final negotiations between the two telecom companies took place on Nora’s turf, which is a clear advantage to Nora - the seven member team from Sakari was in KL to negotiate with Nora the formation of a JV between the two companies. The JV if established would be setup in Malaysia to manufacture and commission digital switching equipment to meet the telecom industry needs in Malaysia, Indonesia and Thailand. While Nora would benefit from the JV in terms of technology transfer, Sakari would gain access to Southeast Asian markets. Nora was awarded by TMB a one-fifth share of the RM2 billion contract and would be responsible for delivering 800,000 telephone lines over a period of five years. Nora had submitted its bid for the TMB contract assuming that the Nora-Sakari JV would come through. Nora based its bid based on supplying Sakari’s digital switching technology Following the successful...
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...Other definition of custom is practice or rule of conduct established in a particular community, locality, or trade, by long usage and obligatory on those within its scope. A valid custom must be certain, reasonable, not contrary to statute law, and of immemorial antiquity. It is also called custom and usage. Malaysia which once known as Tanah Melayu has implemented the collection of tax since before the colonial era. The one responsible on that era to collect the tax known as Shahbandar and the one who become their chief is Penghulu Bendahari. Upon with the colonial era, Straits Settlement (Negeri-Negeri Selat) was formed. There were three straits in the Straits Settlement; Malacca, Penang and Temasik (Singapore). Each straits consist of Governor who has the authority to collect the tax. They were lead by General Council located at Calcutta which control by Board of Control of British East India Company. Even though the Straits Settlement has been formed, the previous tax used by Pembesar Melayu still used such as Tax Farming. With the formation of Federation of Malaya on 1948, Customs and Excise department also establish for the whole Malay Peninsula. The formation of the customs union Federation of Malaya 1948 was suggested by Sir Cecil Clementi. The suggestion was made on the Head of Rulers Conference which also known as Durbar on 1931 at Seri Menanti, Negeri Sembilan. According to Custom Ordinance 1952, those who involve with The Federal Council are responsible for issuing...
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...MALAYSIAN STUDIES HISTORY MALACCAN SULTANATE Introduction • Founded by Parameswara, a prince from Palembang, Sumatra in the early 15th century. • Parameswara fled Palembang when it was attacked by the Majapahit army from Java and went to Temasik (Singapore) and killed its ruler, Temagi, who represented Ayhuthia (siam). Five years later, Ayuthia attacked Temasik and he fled and settled at a place which was later called Melaka (Malacca). • General features :- a. centre for trade b. centre of Islam c. big empire d. political relation with China Similarities with present Malaysia 1. Islam as the official religion 2. Government system :- a. Sultan – head of state, Islam and army b. Ministers / Officers : o Bendahara (Prime Minister) o Temenggung (Chief of Security / Police) o Penghulu Bendahari (Finance) o Laksamana (Navy) o Syahbandar (Trade and Port) 1. Law :- a. Undang-undang Melaka / Hukum Kanun Melaka (based on Islamic law) b. Undang-undang Laut Melaka (Marine Law) Factors that helped Malacca to prosper 1. Geographic :- a. Location – between India and China trade route b. sheltered from the South West and North East monsoon c. deep natural port d. people living by the seaside (orang laut) – help to defend from attacks 1. Economic :- a. concentration on trade – centre for trade in the Malay Archipelago b. centre of entreport trade – international level 1. Political & Administration :- a. relation with China (superpower)...
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... 3.0 The Rule of Law-------------------------------- 7 4.0 Upholding the Constitution-----------------5.0 Decorum and Morality ----------------------- 8 9 Conclusion 10 Reference 11 Appendices 12-16 1 Acknowledgement We are grateful because we manage to complete our "Pengajian Malaysia 2" assignment within the time given by our lecturer Miss Irna Nursyafina. This assignment can't be done without the effort of my partner, Jesslie Ng Hui Yee. Last but not least, we would like to express my gratitude to our course mates for their constant support and guidance. 2 Introduction What is Rukun Negara? It was born on 31 August 1970 headed by the Malaysia's second prime minister, Tun Abdul Razak and it is formulated by the National Consultative Council. The purpose to form this principles are to created unity of various race in Malaysia after the disturbing peace of different races in 13 May 1969. It had proven in Malaysia that racial issues and stability fragile of the happened riots. After the formation of Rukun Negara in Malaysia, cases of racist incidents that involve hundreds of people death are prevented. Formation of Rukun Negara is one of the method to help Malaysian to stay together in one unity. The Principle of Rukun Negara consists of 5 principles, which is Belief in God, Loyalty to King and Country, Upholding the Constitution, Rule of Law and Decorum and Morality. 3 1.0 Belief in God Believing in God is...
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