P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Judicial approach in medical negligence in malaysiaSiti Azhar
It gives a overview on the current judicial approach on medical negligence cases in Malaysia. The opinion formed in this is the personal opinion of the writer.
CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUMASMAH CHE WAN
Appeal on criminal case which is a rape case. we are acting on behalf of appellant (accused). This case was based on real situation in the case of Azahan bin Aminallah v PP.
Confession under Malaysian Evidence Act 1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Judicial approach in medical negligence in malaysiaSiti Azhar
It gives a overview on the current judicial approach on medical negligence cases in Malaysia. The opinion formed in this is the personal opinion of the writer.
CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUMASMAH CHE WAN
Appeal on criminal case which is a rape case. we are acting on behalf of appellant (accused). This case was based on real situation in the case of Azahan bin Aminallah v PP.
Confession under Malaysian Evidence Act 1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Even in the presence of offer, acceptance and consideration there must be evidence of an intention to
create legal relations between the parties in order to make the resulting contract enforceable.
Whether or not there is an intention to create legal relations is determined by the courts and the courts
use the circumstances and nature of the contract to determine this
Essentials of valid contract Dr.R.JOLLY ROSALIND SILVA silvajolly
Essentials or Requisites to make a contract or agreement valid as per section:10 of Indian Contract Act,1872. The famous case law Balfour Vs Balfour to explain the intention to create a legal relationship is highlighted
INTRODUCTON: The Indian Penal Code, 1860 (IPC) in Chapter XX (sections 493 to 498), provides punishment for offences relating to marriage. These offences may be grouped into four categories:
(i) Mock marriages or deceitful marriages (sections 493, 496);
(ii) Bigamy (sections 494, 495); (iii) Adultery (section 497); and
(iv) Enticing, taking away or detaining a married woman, with criminal intent
(section 498).
FRAUDULENT CONDUCT IN MARRIAGE
Section 493, IPC reads as under:
493. Cohabitation caused by a man deceitfully inducing a belief lawful marriage. Every man who by deceit causes any woman who not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall b punished with imprisonment of either description for a term which ma extend to ten years, and shall also be liable to fine.
This section is invoked when a man, either married or unmarried, induces woman to become (as she thinks) his wife, but in reality, she is his concubine. Th offence be committed by a person falsely causing a woman to believe that h may committed by a person foxy causing women to believe that he
is of the same race, creed or religion as herself, and thus inducing her to contract marriage, which in reality is unlawful, but which according to the law under which she lives, is valid. Suppose a person, half English, half Asiatic by blood, calls himself a Mohammedan or Hindu and by this deception, causes a Mohammedan or a Hindu woman to go through the ceremony of marriage, in a form which she deems valid, and to cohabit with him, he has committed this offence.
Live-in Valid Marriage Relationship: Live-in or marriage like relationship is neither a crime nor a sin socially unacceptable in India. The decision to marry in not to marry have a heterosexual relationship is entirely personal. All Live-in-relation are not relationships in the nature of marriage.
Indra Sarma v VKV Sarma
Per KS Radhakrishnan, J Appellant and respondent were working together in a private company.
The respondent, who was working as a Personal Officer of the Company, was a married person having two children and the appellant, aged 33 years, was unmarried Constant contacts between them developed intimacy and in 1992, appellant left the job from the above mentioned Company and started living with the respondent in a shared household Appellant's family members, including her father, brother and sister, and also the wife of the respondent, opposed that live-in-relationship. She has also maintained the stand that the respondent, in fact, started a business in her name and that they were earning from that business. After som
Contracts
A contract
is based
on promises
voluntarily
made
Do all
promises
give rise to
contractual
obligations?
OfferAcceptanceConsiderationCapacityLegality
Unilateral and bilateral Expressed and impliedValidVoid and voidableUnenforceable
PROMISE
FOR AN
ACT
Reward is
an example
PROMISE
FOR A
PROMISE
ART AGREES TO PAINT HOUSE AND BOB AGREES TO PAY $1,000.
Bill and Linda meet at a party. He was
74, and she was 49. A month later, they
started to talk about marriage. Linda was
concerned about quitting her job, and Bill said he would give her whatever she needed. One day, she walked into the bathroom with a handwritten note containing financial terms for a marriage, and he signed it. They got married, but Bill filed for divorce 1 ½ years later.
What is the issue?
Does the contract given to and signed by the husband in the bathroom constitute a valid and enforceable agreement that was freely
entered into?
What kind of agreement was it, unilateral or bilateral?
It was unilateral because it was an agreement to marry.
How did the court rule?
To be enforceable, the agreement must be freely entered into without duress or undue influence. When marriage is contemplated, the parties must do so knowing of the assets of the other. In this case, the parties never disclosed their assets, liabilities or income. The husband also never had the chance to consult an attorney. Therefore, the agreement is not enforceable.
Stated in direct
termsCan be written
or oral
I will sell you my sports car for $25,000
When you
go to the
doctor, you
impliedly
agree to pay
for services.
Plaintiffs cared for the decedent for
several months before he died. They
claimed they were promised payment
for services. Defendant maintains that
they are a family member so services
were gratuitously rendered.
Contract implied-in–fact is to prevent
unjust result. Normally, there is a presumption
that services rendered by a family member
are free. However, contract may be implied
when service are performed with expectation
of payment. In this case, plaintiffs can point
to no evidence that they agreed upon a
price with the decedent, what form
payment would take, or when payment
would be made, so a contract should
not be implied.
Satisfies all
requirements of
an enforceable
agreement
Binds one party
but gives the other
option to withdraw
Element of
contract has
no legal force
or effect
ILLEGAL
CONTRACT
Satisfies elements of
a valid contract but
won't be enforced
by court
Most contracts
are oral in nature
and can be enforceable.
The major problem with oral contracts is proving the existence of the agreement.
Oral contracts require the courts to assess the credibility of the parties.
Are agreements where
people pool their money
to buy l.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
FAMILY LAW [betrothal notes]
1. AMALIA SULAIMAN UKM LAW SCHOOL 2020
WEEK 3 | BETROTHAL
1. Definition:
• The act of betrothing or the fact of being betrothed.
• A mutual promise to marry.
• A contract between two people.
2. Requirements:
a. Offer – “Will you marry me?” [Promisor v Promisee]
b. Acceptance- “I do!” [Promisee to Promisor]
c. Consideration- [Promisee to Promisor]
• There must be a valuable consideration.
• The agreement/affirmation to marry the other party is sufficient in return.
• The consideration may be in the form of an act on the part of the promisee.
Harvey v Johnston (1948) 6 KB 295
Plaintiff, living in Canada went to Ireland to marry the defendant but the defendant breached
his promise. Plaintiff sued the defendant. Defendant says there is not enough response from
plaintiff. The court ruled in retaliation when plaintiff agreed to go to Ireland for his request to
marry Defendant.
d. Capacity [Single and Age of Majority]
Both parties must be single. If either of the party is married the agreement is void.
Spiers v Hunt [1908] 1 KB 720
Defendant, who was to the knowledge of plaintiff a married man, promised to marry plaintiff
on the death of his wife. He did so with the intention, known to plaintiff, of inducing her to
commit adultery with him, and she did so after the promise and before the death of
defendant’s wife. It was held that such a promise was contrary to public policy, and could not
be enforced.
Wilson v Carnley [1908] 1 KB 729,
A promise of marriage made by a man, who to the knowledge of the promisee was, at the
time of the making of the promise, married, is void as being against public policy, and
therefore cannot be enforced by action after the death of the promisor's wife.
2. AMALIA SULAIMAN UKM LAW SCHOOL 2020
e. Exception of the status ‘Single’
I. Plaintiff did not know that the defendant was married when the agreement was made.
Shaw v. Shaw [1954] 2 QB 419
Facts:
In 1937, S., a married man, representing himself as being a widower, went through a form
of marriage with the plaintiff. In 1950 his legal wife died, and in 1952 he himself died
intestate. After S. died the plaintiff became aware for the first time that she had not been
legally married to him and she brought an action against the administrators, a son and a
daughter of the deceased, claiming damages for breach of promise of marriage by the
deceased:
Held:
that there was a continuing breach of the implied warranty given with the promise of
marriage that S. was in a position to marry. There was also a breach of the promise to marry,
for that promise could have been implemented in 1950 when the legal wife died. The claim
was not excluded on grounds of public policy, because the plaintiff did not know that S. was
already married. Thus, P was allowed to sue.
ii)) The agreement is made within the decree period.
Fender v St.John-Mildmay
A promise can be made when the woman has obtained decree nisi (tempoh iddah). It doesn’t
affect the reconciliation process and public policy.
iii) The man is allowed to practise polygamy.
Nafisah v. Abd. Majid [1969] 2 MLJ 174
When the defendant’s personal law allows him to marry more than one thus the promise is
valid. Thus, the plaintiff is entitled to sue for breach of promise.
Maria Tunku Sabri v Datuk Wan Johani [2012] 7 MLJ 419
Facts:
3. AMALIA SULAIMAN UKM LAW SCHOOL 2020
The plaintiff's cause of action against the defendant was based on a settlement agreement
('SA') entered into between the parties, due to the breach of promise to marry by the
defendant to the plaintiff. The defendant however, contended that the SA or its execution
was prohibited by law and was void due to the fact that the plaintiff was a married Muslim
woman at the time of entering into the promise to marry, which the SA was based upon.
Held:
Held, allowing the defendant’s application with costs. A married woman cannot be married
to another unless she is declared single.
iv) Apabila agama salah satu/kedua pihak tidak menghalang mereka berkahwin.
Mary Joseph Ariokasamy v Sundram [1938]
Defendant (Hindu) promised to marry Plaintiff (Christian). P was informed that D’s wife had
died. D breached promise to marry. The court held that there is no religious impediment
against a Hindu man marrying a Christian girl. Thus, the promise was valid and enforceable.
Age
There are no legal provisions for the age of engagement for non-Muslims in Malaysia. However, we
may refer to the Contract Act which provides for the basic contractual requirements of s.10, s.24 and
s.11 (parties to be 18 years of age).
Is this a minor who cannot contract an engagement?
Refer to the case of Rajeswari v Balakrishnan
Pl (minors) enter into betrothal contract with Def. Def breached promise and Plaintiff sues. The High
Court ruled that a minor can enter into an engagement contract with the Indian case (Fernandes v
Gonsalves and Khimji Kuverji l Karama Karma).
Mr B and Mrs T
Does not have to obtain parents’ consent to enter into a promise to marry.
4. AMALIA SULAIMAN UKM LAW SCHOOL 2020
3. Breach of promise:
If either party refuses to fulfill the promise of marriage, the other party has the right to take legal
action for damages. Failure may occur in the following circumstances:
a) If no date of marriage is specified- the Court shall declare that the marriage shall be held within a
reasonable time, eg: Harrison v Cage (1698)
b) Anticipatory Breach ex: Frost v Knight When the promisor terminates the promise to marry in
advance, the promisee has 2 options:
(i) whether to wait until the time when the agreement is due and then take action or
(ii) promisee to continue to act without delay
4. Claims against breach of promise
Can a claim for breach of promise be made in Malaysia even though the law in England abolished it in
1970?
Refer to the case of Doris Rodrigues v Balakrishnan
It was decided that the English Reform Law, which came into force in 1970, would not be applicable
in Malaysia because it complied with s.5 of the Civil Laws Act 1956, the laws of England applicable in
West Malaysia were as follows on 7 April 1956. Also, English law only applies when there are lacunae
whereas we already have the Contract Act.
5. AMALIA SULAIMAN UKM LAW SCHOOL 2020
5. Defense against claims
• Misrepresentation of fact
The defendant may use the grounds that he entered into a contract on the basis of misrepresentation
of fact. Ex: Wharton v Lewis where Pl is sued for Defendant's refusal to marry. Defendant's reason was
that he had entered into the contract as a result of misrepresentation of the actual circumstances of
the pl's family and the pl's past life. However, it was decided that Defendant was not given the wrong
impression before entering into the agreement and pl deserved damages.
• Engagement Non-contract Uberrimae Fidei i.e you do not have to declare everything to the
other party
The betrothed party has no obligation to inform the other party of their engagement status. Ex;
If A is engaged to B and then promises to marry C, then A has no obligation to inform C of his
engagement with B. Case: Beachey v Brown (1860) EB&E 796
Question: What if you discover that the woman is of unchaste conduct that goes to the very root of a
contract of marriage?
See Cockburn CJ: Beachey v Brown
“… Where it turns out that a woman is of unchaste conduct, which goes to the very root of the contract
of marriage, there, from the excess and necessity of the case, the man is released from his contract.”
• Factors of plaintiff's inability
If Pl is physically or mentally / morally incapable of causing her to be unwell then this could be a reason
for Def. The conditions are:
This is only known after the engagement contract was made or the disease subsequently arose. (PL
MUST BE REALLY SICK / UNFIT FOR MARRIAGE). However, if Defendant honestly believes that Pl is
unhealthy while in fact Pl is healthy, then Def cannot use this health ground to refuse to marry.
See case: Jefferson v Paskell
After getting engaged, Pl told her doctor that she has tuberculosis and that she was unwell to get
married. After treatment, pl is healthy but def still refuses to get married. Actually, pl does not have
tuberculosis. Plaintiff sued Defendant on the ground that he honestly believes that pl is unhealthy to
marry. The court awarded Pl a damages for Def's failure to prove the disease.
6. AMALIA SULAIMAN UKM LAW SCHOOL 2020
• Defendant's own mental and physical disabilities cannot be excused
See case: Hall v Wright
Def refuses to marry Pl, his fiancée. Def's reason is that he is sick and that consummating of marriage
can endanger his life. However, the Judge held that if they were married, the couple could not have
children; Pl can still enjoy other things in marriage such as his wife's status. Def, therefore, was ordered
to pay damages.
6. Remedy
• Type of Damages
i) General Damage
ii) Special Damage
i) General damages refer to abstract matters such as hurt feelings and degraded dignity.
Berry v Da Costa
After Def promised to marry Pl., He left his mother's house and lived with Def in some places. Def then
married another woman. Pl sued def because of breach of promise. Pl was awarded damages and Def
pleaded. It was decided that in determining damages, it was not limited to financial damages but the
court could consider the hurt and dignity of a woman who had been mistreated. The prospect of a
lesser marriage can also be taken into account.
• See also Dennis v Sennayah
In this case, general damages are given for the shame and torture suffered by pl.
See also: RS Thanalachimi v Sundararaju Mattaya [2011] 7 CLJ 197: Nagamah a / p Subramanian v
Ponnusamy a / l Rajoo [2008] 6 MLJ 152: Mr B v Ms T –Case No: KCH12B-26 / 11-2011
• In awarding damages, the court not only compensated Pl for the loss of time but also punished Def
in an exemplary manner. However, the court also considered Def's financial position, refer to
Rajeswari Balakrishnan
7. AMALIA SULAIMAN UKM LAW SCHOOL 2020
ii) Special Damage refers to what can be calculated with money e.g. Wedding expenses
Refer to the case of Dennis v Sennayah where the Court awarded $ 620.10 in damages for food and
clothing expenses.
See also: JULIA CHILDREN (app) v AMBROSE JUDE CHILDREN (resp) 12B-3-2010: Special damages claim
must be documentary proof
• Any conditional gifts on a wedding should be returned if they fail to make an appointment
• If any gift is given on a conditional basis (ie marriage to take place) then it must be returned
by the non-party.
• Refer to the case of Cohen v Sellar (1926) 1 KB 536
• If the girl refuses then return the engagement ring.
• If the man is in denial, he cannot claim the ring back to his fiancée.
• If the engagement is mutually exclusive and there is no agreement to the contrary, then return
the ring @ what gift to both parties.
• If the marriage does not take place because of the giver's death, return any gifts.
• If the marriage has taken place, the gift will be the sole property of the recipient.