Fulka filed an insurance claim for goods damaged by rain water, fire, and sprinkler system water following a storm. The policy only covered damages from fire or storm. While a storm allowed rain into the warehouse through a hole made by thieves, rain damage was not covered. A fire started from the rain short-circuiting electrical systems, and this fire damage would be covered as the proximate cause, though the thieves facilitated it. Damage from the sprinkler system activating to stop the fire would also likely be covered.
Silpa operates a car service station where Zantax regularly sends his car to be washed. On January 1, 2000, Bungee, an employee of Silpa, drove Zantax's car after washing it to the designated address but could not find Zantax. On the return trip, Bungee crashed into a cyclist. Simply Good Insurers, Zantax's insurer, settled claims with the cyclist and Zantax. Simply Good Insurers is now seeking to sue Silpa and Bungee through subrogation.
This document outlines the factors a judge must consider when deciding whether to grant an interlocutory injunction. The judge must first determine if there is a serious issue to be tried by examining the pleadings and issues raised, without making a determination on the merits. Second, the judge must consider where the interests of justice lie by weighing the harm of granting or refusing the injunction, the parties' financial standing, and the ability of the plaintiff to pay damages if the suit fails. Finally, the remedy of an injunction is discretionary and intended to preserve the status quo until trial, so it should not be granted if damages are adequate.
The document discusses exclusion and limiting clauses in contracts. It covers (1) how such clauses must be incorporated into the contract through signing, notice, or previous dealings; (2) how the clauses must be interpreted to determine if they apply to the specific breach; and (3) restrictions on exclusion clauses under the Unfair Contract Terms Act 1977, which aims to protect consumers and make clauses reasonably enforceable only.
The document discusses the legal doctrine of cy-près, which allows charitable funds to be applied to similar charitable purposes if the original purpose becomes impossible, impracticable, or illegal to carry out. It provides background on the meaning and origins of cy-près, examines its application in cases of initial failure or subsequent failure of a charity. It also notes that while England has express cy-près laws, Malaysia does not, but courts still apply the doctrine depending on the width of the charitable intent established.
The document discusses the rights of arrested persons under Article 5 of the Malaysian Constitution.
It describes the 3 rights under Article 5(3): 1) the right to be informed of the grounds of arrest, 2) the right to consult a lawyer, and 3) the right to be defended by a lawyer of one's choice. It also discusses the right under Article 5(4) to be produced before a magistrate within 24 hours.
Several court cases are discussed that relate to defining and enforcing these rights. For example, in Abdul Rahman v Tan Jo Koh the court held that a person must be given a reason for their arrest within a reasonable time. In Ramli bin Salleh the right to counsel was
The document discusses costs in legal proceedings in Malaysia. It provides definitions of key terms related to costs such as "costs", "costs reserved", and "costs in any event". It also discusses principles from case law that guide a court's discretion in ordering costs. The discretion is very wide but must be exercised judicially based on established principles. An appellate court will generally not interfere in a lower court's decision on costs unless there was an error of law or the discretion was exercised based on irrelevant grounds. Overall, the document provides an overview of how costs are treated in Malaysian courts and the considerations that determine whether costs are ordered.
1) Under Article 135(2) of the Malaysian Constitution, no public servant may be dismissed or reduced in rank without being given a reasonable opportunity of being heard.
2) In the case of Government v Mahan Singh, the Federal Court initially held that termination of service does not constitute dismissal, but the Privy Council later reversed this, establishing that any removal from office amounts to dismissal if it involves conduct regarded as unsatisfactory/blameworthy and includes an element of punishment.
3) A reasonable opportunity to be heard requires that the public servant has a full opportunity to state their case before dismissal, including access to all information and ability to rebut evidence, though this hearing need not be oral and can be in
Silpa operates a car service station where Zantax regularly sends his car to be washed. On January 1, 2000, Bungee, an employee of Silpa, drove Zantax's car after washing it to the designated address but could not find Zantax. On the return trip, Bungee crashed into a cyclist. Simply Good Insurers, Zantax's insurer, settled claims with the cyclist and Zantax. Simply Good Insurers is now seeking to sue Silpa and Bungee through subrogation.
This document outlines the factors a judge must consider when deciding whether to grant an interlocutory injunction. The judge must first determine if there is a serious issue to be tried by examining the pleadings and issues raised, without making a determination on the merits. Second, the judge must consider where the interests of justice lie by weighing the harm of granting or refusing the injunction, the parties' financial standing, and the ability of the plaintiff to pay damages if the suit fails. Finally, the remedy of an injunction is discretionary and intended to preserve the status quo until trial, so it should not be granted if damages are adequate.
The document discusses exclusion and limiting clauses in contracts. It covers (1) how such clauses must be incorporated into the contract through signing, notice, or previous dealings; (2) how the clauses must be interpreted to determine if they apply to the specific breach; and (3) restrictions on exclusion clauses under the Unfair Contract Terms Act 1977, which aims to protect consumers and make clauses reasonably enforceable only.
The document discusses the legal doctrine of cy-près, which allows charitable funds to be applied to similar charitable purposes if the original purpose becomes impossible, impracticable, or illegal to carry out. It provides background on the meaning and origins of cy-près, examines its application in cases of initial failure or subsequent failure of a charity. It also notes that while England has express cy-près laws, Malaysia does not, but courts still apply the doctrine depending on the width of the charitable intent established.
The document discusses the rights of arrested persons under Article 5 of the Malaysian Constitution.
It describes the 3 rights under Article 5(3): 1) the right to be informed of the grounds of arrest, 2) the right to consult a lawyer, and 3) the right to be defended by a lawyer of one's choice. It also discusses the right under Article 5(4) to be produced before a magistrate within 24 hours.
Several court cases are discussed that relate to defining and enforcing these rights. For example, in Abdul Rahman v Tan Jo Koh the court held that a person must be given a reason for their arrest within a reasonable time. In Ramli bin Salleh the right to counsel was
The document discusses costs in legal proceedings in Malaysia. It provides definitions of key terms related to costs such as "costs", "costs reserved", and "costs in any event". It also discusses principles from case law that guide a court's discretion in ordering costs. The discretion is very wide but must be exercised judicially based on established principles. An appellate court will generally not interfere in a lower court's decision on costs unless there was an error of law or the discretion was exercised based on irrelevant grounds. Overall, the document provides an overview of how costs are treated in Malaysian courts and the considerations that determine whether costs are ordered.
1) Under Article 135(2) of the Malaysian Constitution, no public servant may be dismissed or reduced in rank without being given a reasonable opportunity of being heard.
2) In the case of Government v Mahan Singh, the Federal Court initially held that termination of service does not constitute dismissal, but the Privy Council later reversed this, establishing that any removal from office amounts to dismissal if it involves conduct regarded as unsatisfactory/blameworthy and includes an element of punishment.
3) A reasonable opportunity to be heard requires that the public servant has a full opportunity to state their case before dismissal, including access to all information and ability to rebut evidence, though this hearing need not be oral and can be in
Terms can be implied in a contract in three ways: by custom or trade usage, by law, or by courts.
For a term to be implied by custom or trade usage, it must be reasonable, certain, and notorious within the relevant industry. The custom cannot contradict the express terms of the contract. Terms may also be implied by law through common law precedents or statutes that apply to certain types of contracts.
Courts use the business efficacy and officious bystander tests to determine if a term should be implied. Under business efficacy, a term will be implied if it is necessary to make the transaction effective. The officious bystander test considers whether the term is so obvious that both parties would
Relevancy of evidence under section 14, 15, 16 of Evidence Act 1950 (2017-2018)Intan 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 document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Bidang kuasa sivil mahkamah / Civil Jurisdictions of Courts in Malaysia (2018...Intan Muhammad
1. The document discusses the jurisdiction of various Malaysian civil courts, from the Magistrate Court up to the High Court. It outlines the monetary limits, subject matter limits, territorial limits, and appellate/revisionary jurisdiction of each court.
2. The High Court has unlimited original jurisdiction but is generally limited to cases exceeding RM1 million in value. It has appellate jurisdiction over subordinate courts and revisionary/referral jurisdiction to examine lower court decisions.
3. When determining the appropriate court, one must consider the monetary value of the claim, the subject matter, and whether the cause of action arose within the court's territorial limits based on the parties' location.
a) Order 29 of the Rules of Court 2012;
b) Mareva Injunction by Roger Tan Kor Mee [1989] 2 CLJ 764;
SPECIFIC RELIEF ACT
MANDATORY INJUNCTION
INTERIM/ INTERLOCUTORY MANDATORY INJUNCTION
INJUNCTION – FINAL AND INTERLOCUTORY
INTERLOCUTORY INJUNCTION
Undertaking as to Damages
anton Piller Order
Erinford Order
This document summarizes a court case between Fraser and Everett regarding a breach of contract for shares in the Bentong Tin Mining Company. Fraser contracted to purchase 100 shares for Everett at $13 per share, with terms of cash on delivery of transfers and scrip expected to be mailed around the end of March. However, the scrips did not arrive until May 15th, which the court found was not a reasonable time given the shares were of a fluctuating nature in the mining industry. Additionally, Everett contracted for scrip but Fraser attempted to deliver bearer warrants instead, which the court ruled Everett could not be compelled to accept. Therefore, the court found for the defendant Everett,
The document discusses private caveats under Malaysian land law. A private caveat is a statutory injunction entered by the Registrar upon application by a person claiming an interest in land. It preserves the status quo of the land and suspends registration until disputes over claims are resolved. A private caveat does not create or enhance the caveator's interest, but rather serves as notice of a claim and prohibits dealings with the land pending litigation. The requirements for entering, extending, and removing a private caveat are outlined according to sections of the National Land Code.
This document discusses security dealings recognized under the National Land Code 1965 (NLC), specifically charges or Torrens charges. It defines a charge as a security transaction where a registered landowner uses their land as collateral for a loan. If the borrower defaults, the lender can foreclose and sell the land. Key requirements for creating a valid charge include using the prescribed statutory form and registering the charge at the relevant land office. The document outlines differences between charges and common law mortgages, what types of land can be charged, restrictions on charging, and requirements like amending statutory forms in annexures.
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Trustees have several key duties under trust law:
1) Act in accordance with the terms of the trust deed.
2) Familiarize themselves with the trust terms and ensure trust properties are properly vested.
3) Convert speculative or non-income producing investments to provide income for beneficiaries.
4) Provide information and accounts to beneficiaries regarding the trust fund and properties.
5) Distribute trust properties to the proper beneficiaries.
MALAYSIAN LEGAL SYSTEM on civil & criminal exam notesFAROUQ
This document discusses preliminary matters in civil procedure regarding parties in an action. It covers requirements for parties such as being sui juris and compos mentis. It also discusses types of parties like individuals, firms, companies, deceased estates, and representatives. The document then discusses cause of action, locus standi, limitation periods, and commencing an action through a writ. It outlines the process for issuing, serving, renewing and substituting service of a writ, as well as timelines for appearance. The key information provided is on the requirements for valid parties in a civil action and the procedures for commencing a case through issuance and service of a writ.
The document discusses bail amounts set in three criminal cases in Malaysia. In the first case, bail of RM70,000 was set for a man charged with 14 offenses related to insulting the Johor royal family, which many viewed as excessive given the charges and the man's financial means. In the second case, bail of RM5,000 was set for a sedition charge, which matched the maximum fine amount and was also seen as unjustifiably high. In the third case, bail of RM15,000 was set for a prominent opposition figure charged with criminal defamation, which some argued was still excessive despite being lower than what prosecutors requested. The document analyzes factors courts typically consider for bail amounts and concludes the
(1) The document discusses a case regarding the appointment of a new trustee to manage a Thai-Burmese Buddhist temple in Penang according to the terms of an 1845 land grant.
(2) A vacancy arose for a Burmese trustee, and the second respondent was elected by the Burmese community and consent was given by the Attorney-General for his appointment.
(3) The surviving Thai trustees objected to the appointment but their objections were rejected by the court, which approved the appointment to maintain parity between the Burmese and Thai communities in managing the temple.
Registrar's Caveat under Land Law II.
Contains;
1. Function of a Registrar
2. Effects of Registrar's Caveat
3. Who can apply for Registrar's Caveat
4. Remedy of an Aggrieved Party under RC
5. Cases involved
A private caveat is an interim procedure that allows a person claiming a title or registrable interest in land to freeze the land title registration until their claim can be resolved. A private caveat is entered by the Registrar upon application showing the claimant's caveatable interest. It has the effect of prohibiting any dealings with the land, including transfers or mortgages, except with the caveator's consent. To enter a caveat, the claimant must have a potential legal claim to the land, such as under a contract of sale, gift, or trust, that could ultimately result in registration of their interest.
1. A full secret trust arises when a testator leaves property absolutely to a beneficiary but communicates the trust terms to the beneficiary before death, binding their conscience.
2. A half secret trust indicates a trust in the will but does not disclose trust terms, which must be communicated before or at will execution.
3. For a secret trust to be valid, the testator must communicate their intention to create a trust and its terms to the trustee, who then acquiesces to acting as trustee.
This document contains a multi-part question regarding land law issues in Malaysia. In part A, the document outlines a scenario where Afiq obtained a loan from Jernang Bank secured by a lien on his land, but Jernang Bank failed to register the caveat. Afiq then misrepresented his need to obtain the land title back from Jernang Bank in order to get a second loan from Teras Bank. The document asks how to advise the parties and discusses whether liens were properly created. In part B, the document summarizes an historical case regarding whether a land transfer was a contract or mortgage, and discusses the concept of "jual janji" in customary land transfers.
Stark Ltd produces compact discs for teaching Malay language. Mary, a senior employee, resigned with 3 years left on her contract and accepted a job with Wonderful Ltd in Brunei. Stark Ltd fears Mary took materials she developed for them, as well as their client list. They believe Mary is receiving payments from Wonderful Ltd. Stark Ltd's union has called a strike due to failed negotiations. Stark Ltd seeks equitable remedies.
A contract of insurance differs from a wagering contract in several key ways:
1. A contract of insurance requires the holder to have an insurable interest, meaning they will suffer damage if the insured event occurs, while a wagering contract does not require any interest in the outcome.
2. In a contract of insurance, both parties have an interest in the subject matter, while in a wagering contract neither party has any interest in whether the event happens or not.
3. Contracts of insurance are intended to indemnify against loss or risk, while wagering contracts simply pay a fixed amount regardless of any loss or damage from the event.
Dokumen tersebut memberikan gambaran mengenai peranan dan tanggungjawab wakil takaful di bawah undang-undang Malaysia. Ia menjelaskan bahawa wakil takaful adalah ejen yang sah untuk memasarkan produk takaful dan berurusniaga dengan peserta berdasarkan prinsip al-wakalah. Dokumen tersebut juga menyenaraikan beberapa seksyen utama dalam undang-undang yang mengatur tugas dan tanggungjawab wakil taka
Terms can be implied in a contract in three ways: by custom or trade usage, by law, or by courts.
For a term to be implied by custom or trade usage, it must be reasonable, certain, and notorious within the relevant industry. The custom cannot contradict the express terms of the contract. Terms may also be implied by law through common law precedents or statutes that apply to certain types of contracts.
Courts use the business efficacy and officious bystander tests to determine if a term should be implied. Under business efficacy, a term will be implied if it is necessary to make the transaction effective. The officious bystander test considers whether the term is so obvious that both parties would
Relevancy of evidence under section 14, 15, 16 of Evidence Act 1950 (2017-2018)Intan 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 document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Bidang kuasa sivil mahkamah / Civil Jurisdictions of Courts in Malaysia (2018...Intan Muhammad
1. The document discusses the jurisdiction of various Malaysian civil courts, from the Magistrate Court up to the High Court. It outlines the monetary limits, subject matter limits, territorial limits, and appellate/revisionary jurisdiction of each court.
2. The High Court has unlimited original jurisdiction but is generally limited to cases exceeding RM1 million in value. It has appellate jurisdiction over subordinate courts and revisionary/referral jurisdiction to examine lower court decisions.
3. When determining the appropriate court, one must consider the monetary value of the claim, the subject matter, and whether the cause of action arose within the court's territorial limits based on the parties' location.
a) Order 29 of the Rules of Court 2012;
b) Mareva Injunction by Roger Tan Kor Mee [1989] 2 CLJ 764;
SPECIFIC RELIEF ACT
MANDATORY INJUNCTION
INTERIM/ INTERLOCUTORY MANDATORY INJUNCTION
INJUNCTION – FINAL AND INTERLOCUTORY
INTERLOCUTORY INJUNCTION
Undertaking as to Damages
anton Piller Order
Erinford Order
This document summarizes a court case between Fraser and Everett regarding a breach of contract for shares in the Bentong Tin Mining Company. Fraser contracted to purchase 100 shares for Everett at $13 per share, with terms of cash on delivery of transfers and scrip expected to be mailed around the end of March. However, the scrips did not arrive until May 15th, which the court found was not a reasonable time given the shares were of a fluctuating nature in the mining industry. Additionally, Everett contracted for scrip but Fraser attempted to deliver bearer warrants instead, which the court ruled Everett could not be compelled to accept. Therefore, the court found for the defendant Everett,
The document discusses private caveats under Malaysian land law. A private caveat is a statutory injunction entered by the Registrar upon application by a person claiming an interest in land. It preserves the status quo of the land and suspends registration until disputes over claims are resolved. A private caveat does not create or enhance the caveator's interest, but rather serves as notice of a claim and prohibits dealings with the land pending litigation. The requirements for entering, extending, and removing a private caveat are outlined according to sections of the National Land Code.
This document discusses security dealings recognized under the National Land Code 1965 (NLC), specifically charges or Torrens charges. It defines a charge as a security transaction where a registered landowner uses their land as collateral for a loan. If the borrower defaults, the lender can foreclose and sell the land. Key requirements for creating a valid charge include using the prescribed statutory form and registering the charge at the relevant land office. The document outlines differences between charges and common law mortgages, what types of land can be charged, restrictions on charging, and requirements like amending statutory forms in annexures.
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Trustees have several key duties under trust law:
1) Act in accordance with the terms of the trust deed.
2) Familiarize themselves with the trust terms and ensure trust properties are properly vested.
3) Convert speculative or non-income producing investments to provide income for beneficiaries.
4) Provide information and accounts to beneficiaries regarding the trust fund and properties.
5) Distribute trust properties to the proper beneficiaries.
MALAYSIAN LEGAL SYSTEM on civil & criminal exam notesFAROUQ
This document discusses preliminary matters in civil procedure regarding parties in an action. It covers requirements for parties such as being sui juris and compos mentis. It also discusses types of parties like individuals, firms, companies, deceased estates, and representatives. The document then discusses cause of action, locus standi, limitation periods, and commencing an action through a writ. It outlines the process for issuing, serving, renewing and substituting service of a writ, as well as timelines for appearance. The key information provided is on the requirements for valid parties in a civil action and the procedures for commencing a case through issuance and service of a writ.
The document discusses bail amounts set in three criminal cases in Malaysia. In the first case, bail of RM70,000 was set for a man charged with 14 offenses related to insulting the Johor royal family, which many viewed as excessive given the charges and the man's financial means. In the second case, bail of RM5,000 was set for a sedition charge, which matched the maximum fine amount and was also seen as unjustifiably high. In the third case, bail of RM15,000 was set for a prominent opposition figure charged with criminal defamation, which some argued was still excessive despite being lower than what prosecutors requested. The document analyzes factors courts typically consider for bail amounts and concludes the
(1) The document discusses a case regarding the appointment of a new trustee to manage a Thai-Burmese Buddhist temple in Penang according to the terms of an 1845 land grant.
(2) A vacancy arose for a Burmese trustee, and the second respondent was elected by the Burmese community and consent was given by the Attorney-General for his appointment.
(3) The surviving Thai trustees objected to the appointment but their objections were rejected by the court, which approved the appointment to maintain parity between the Burmese and Thai communities in managing the temple.
Registrar's Caveat under Land Law II.
Contains;
1. Function of a Registrar
2. Effects of Registrar's Caveat
3. Who can apply for Registrar's Caveat
4. Remedy of an Aggrieved Party under RC
5. Cases involved
A private caveat is an interim procedure that allows a person claiming a title or registrable interest in land to freeze the land title registration until their claim can be resolved. A private caveat is entered by the Registrar upon application showing the claimant's caveatable interest. It has the effect of prohibiting any dealings with the land, including transfers or mortgages, except with the caveator's consent. To enter a caveat, the claimant must have a potential legal claim to the land, such as under a contract of sale, gift, or trust, that could ultimately result in registration of their interest.
1. A full secret trust arises when a testator leaves property absolutely to a beneficiary but communicates the trust terms to the beneficiary before death, binding their conscience.
2. A half secret trust indicates a trust in the will but does not disclose trust terms, which must be communicated before or at will execution.
3. For a secret trust to be valid, the testator must communicate their intention to create a trust and its terms to the trustee, who then acquiesces to acting as trustee.
This document contains a multi-part question regarding land law issues in Malaysia. In part A, the document outlines a scenario where Afiq obtained a loan from Jernang Bank secured by a lien on his land, but Jernang Bank failed to register the caveat. Afiq then misrepresented his need to obtain the land title back from Jernang Bank in order to get a second loan from Teras Bank. The document asks how to advise the parties and discusses whether liens were properly created. In part B, the document summarizes an historical case regarding whether a land transfer was a contract or mortgage, and discusses the concept of "jual janji" in customary land transfers.
Stark Ltd produces compact discs for teaching Malay language. Mary, a senior employee, resigned with 3 years left on her contract and accepted a job with Wonderful Ltd in Brunei. Stark Ltd fears Mary took materials she developed for them, as well as their client list. They believe Mary is receiving payments from Wonderful Ltd. Stark Ltd's union has called a strike due to failed negotiations. Stark Ltd seeks equitable remedies.
A contract of insurance differs from a wagering contract in several key ways:
1. A contract of insurance requires the holder to have an insurable interest, meaning they will suffer damage if the insured event occurs, while a wagering contract does not require any interest in the outcome.
2. In a contract of insurance, both parties have an interest in the subject matter, while in a wagering contract neither party has any interest in whether the event happens or not.
3. Contracts of insurance are intended to indemnify against loss or risk, while wagering contracts simply pay a fixed amount regardless of any loss or damage from the event.
Dokumen tersebut memberikan gambaran mengenai peranan dan tanggungjawab wakil takaful di bawah undang-undang Malaysia. Ia menjelaskan bahawa wakil takaful adalah ejen yang sah untuk memasarkan produk takaful dan berurusniaga dengan peserta berdasarkan prinsip al-wakalah. Dokumen tersebut juga menyenaraikan beberapa seksyen utama dalam undang-undang yang mengatur tugas dan tanggungjawab wakil taka
This document provides an overview of property insurance and fire and perils insurance. It discusses what is covered under fire and perils insurance such as damage to buildings and assets from fire, lightning, and explosion. It also covers expenses associated with rebuilding damaged property. The policy extends to cover additional perils beyond fire including natural causes like floods and earthquakes, as well as social perils like riots. Consequential loss coverage is also discussed which protects against financial losses from reduced business. Exclusions to coverage and requirements for obtaining a quote are outlined.
1. Sam Lee took out two life insurance policies worth RM30,000 each with ASIA Insurance, naming his father and foster mother as beneficiaries. He also took a RM500,000 policy with EURO Insurance, assigning it to his wife Jessie Koh and children. Sam Lee owned a BMW insured with MINI Insurance.
2. When Sam Lee's nephew Joe Lee, who had permission to drive the BMW, crashed it at high speed into a bus, Sam Lee died from injuries. Jessie Koh cannot claim from MINI Insurance as a passenger, and Sally Tan is entitled to the ASIA Insurance payout as the named beneficiary.
3. MINI Insurance paid out Sam Lee's claim
Etiqa Takaful Berhad was founded in 1993 as Takaful Nasional Sdn Bhd and was incorporated in Malaysia. It operates as a modified Takaful model where profits are shared 80% to policyholders and 20% to shareholders for life operations, and 50/50 for non-life. The company changed its name to Etiqa Takaful Berhad in 2007 as part of a rebranding under the Mayban Fortis Holdings group to symbolize efforts to humanize takaful processes under a single brand. Today Etiqa offers both personal and corporate insurance and takaful products across various sectors.
The document provides information about insurance products from Insirans Etika Takaful. It discusses the purpose of insurance as providing peace of mind by protecting individuals from financial hardship due to events like death, disability, illness or property damage. It then summarizes several common types of life insurance like whole life, term life, endowment, and investment-linked policies. It also mentions medical/health insurance and mortgage reducing term life insurance. The document concludes by outlining the insurance application and policy process, including getting a quotation, applying, selecting a payment method, processing through an agency branch, and receiving feedback once the policy is in force.
The document summarizes the success and opportunities for growth in the takaful (Islamic insurance) industry. Some key points:
- The takaful industry has grown significantly in recent years but still only accounts for 0.7% of the global insurance market, leaving room for further expansion.
- Malaysia and Indonesia have been leaders in takaful but initiatives like the Malaysia International Islamic Financial Centre aim to further develop the domestic market and attract more foreign participation.
- While the industry has seen success, there are still opportunities to increase public awareness, develop innovative products, and address issues like the lack of standardized shariah interpretations and limited re-takaful capacity.
- The global takaful market
Subrogation othman bin hashim v kkw auto centre [2012] hcFAROUQ
This summary provides the high level details of the document in 3 sentences:
The document discusses a case regarding subrogation where an insurer filed a claim in the plaintiff's name after the plaintiff's vehicle was involved in an accident while in the defendant's possession. The court determined that the insurer was not entitled to subrogation as the driver at the time of the accident was covered by the plaintiff's insurance policy. The court also found that the plaintiff did not prove the defendant was negligent and dismissed the plaintiff's claim, while allowing the defendant's counterclaim for outstanding repair costs.
This document provides an introduction and overview of Takaful insurance presented by Mehar Muhammad Ashfaq. The presentation covers:
1) An introduction to the concept of Takaful insurance and how it differs from conventional insurance through risk sharing rather than risk transfer in accordance with Islamic principles.
2) A history and overview of the growth of Takaful insurance globally and potential opportunities, including in countries with significant Muslim populations like Germany.
3) Details on the basic elements and models of Takaful insurance, as well as regulatory frameworks and challenges in the industry.
A corporation has the capacity to create a power of attorney by executing it under its common seal. Directors can appoint an attorney on behalf of the company through a resolution. However, the power of attorney must be executed and authenticated according to the requirements of the Powers of Attorney Act 1949, such as using the appropriate form. A company was found to have validly granted an irrevocable power of attorney to a bank as security for a loan facility.
This document compares Takaful Malaysia and Takaful Etiqa, two major Takaful operators in Malaysia. It begins with an introduction to Takaful, its principles and prohibitions of conventional insurance. It then provides overviews of each company, including their corporate structures, products offered, and operational models. Key comparisons are made between the companies' Mudharabah and Wakalah models, profit sharing ratios, financial statements, accounting standards compliance, and financial performance metrics. In summary, while both companies utilize modified Takaful models, they differ in areas like profit sharing ratios and benefits offered. A financial analysis suggests the structures may be more beneficial to operators than participants.
This module discusses risk management and insurance. It covers topics such as risks and risk management, different types of risks, methods of handling risks including avoiding, controlling, accepting and transferring risks. It also discusses the basic concepts of insurance including risk pooling, law of large numbers, requirements of insurable risks, advantages and disadvantages of insurance. Additionally, it covers personal risk management process, objectives of risk management pre-loss and post-loss, insurance market dynamics and underwriting cycle. Finally, it discusses some key legal principles of insurance contracts such as offer and acceptance, consideration, insurable interest, subrogation and utmost good faith.
It is a power point presentation for fire insurance. It is mostly applicable for Iran's insurance industry but it also covers fire insurance for worldwide purposes.
Managing Risk on the Farm - Ben Neville - American Heartland Insurance Agency, from the 2013 Missouri Pork Expo, February 13 - 14, 2013, Columbia, MO, USA.
More presentations at http://www.swinecast.com/2013-missouri-pork-expo
Bolender Presentation to Defense Research Institute: Key Construction Related...jeffbolender
Mr. Bolender presented this slide show in conjunction with his presentation of the Defense Research Institute\'s annual 2010 Construction Law Seminar, which was held at the Bellagio Hotel in Las Vegas, Nevada. The slideshow and article address key construction related insurance issues from 2009 to 2010.
NY Appeals Court Finds Ambiguity as to Losses Resulting from Backup or Overfl...NationalUnderwriter
In an issue of apparent first impression in New York, an appellate court has found that an ambiguity existed in an
insurance policy as to losses resulting from a backup and/or overflow from sewers, drains, and/or plumbing systems.
This document summarizes key issues relating to business interruption and civil authority insurance coverage arising from the 2016 wildfire in Fort McMurray, Alberta. It discusses requirements for coverage under standard commercial policies, including proving direct physical damage to property and suspension of operations due to the damage. Challenges in claims valuation given the economic downturn are also noted. Litigation is expected over interpreting policy wordings and determining appropriate compensation in complex claims.
This document is part 4 of an ultimate study guide. It provides 151 multiple choice questions and answers to test knowledge of various insurance concepts like policy coverages, exclusions, endorsements, and legal requirements. It explains the answers in detail to help the reader fully comprehend the concepts. Once a reader scores 90% or higher on all four parts of the study guide, they will be ready to advance to study lounge sessions.
This document provides information about fire insurance in Bangladesh. It discusses the essential elements of a fire insurance contract, classifications of fire insurance and fire risk, types of insurance like material loss insurance and consequential loss insurance. It also outlines steps that can be taken to prevent fire hazards and moral hazards. Additionally, it discusses the extent of loss from fire in Bangladesh from 1999-2020, including financial losses, deaths, injuries, and homelessness. Some problems faced by fire insurance in Bangladesh are also presented, such as poor knowledge, illiteracy, religious superstitions, and lack of awareness, continuity, and funds. Finally, management strategies for these problems are mentioned.
This document discusses principles of general insurance. It covers the principles of utmost good faith, insurable interest, and indemnity.
The principle of utmost good faith requires both parties in an insurance contract to disclose all material facts truthfully. A material fact could influence an insurer's decision to provide coverage. Non-disclosure or misrepresentation of material facts allows the insurer to void the contract.
The principle of insurable interest means the insured must have a financial stake in the item or person being insured. Insurance without an insurable interest would be considered an unenforceable wager.
The principle of indemnity states that insurance payouts should compensate for actual losses incurred, not provide a
ePremium Legal Liability to Landlord Master Insurance Policy 2022-2023 Policy...TerranceCreighton
- The document is a policy from Trisura Specialty Insurance Company providing Legal Liability to Landlord Insurance to Independent Living, Inc. for the 2022-2023 policy term.
- The policy provides $100,000 in liability coverage per occurrence for property damage caused by tenants at insured residence premises.
- The monthly premium for each residence premises covered is $12.45, which includes the policy premium, surplus lines tax, and fees.
This document is part 4 of an ultimate study guide. It provides 151 multiple choice questions and answers to help test knowledge of various insurance concepts and coverages. It explains things like which type of coverage would apply to damage from a flood or earthquake (comprehensive), what additional property coverage is included in an HO3 policy (lawn, trees and plants), and how subrogation prevents double recovery from insurers. The questions cover topics like commercial property exclusions, homeowners policy concurrent causation, and endorsements that can extend claims-made policy reporting periods. Studying these concepts will help prepare for moving on to study lounge sessions.
This document provides the fourth part of an ultimate study guide. It begins by welcoming the reader to part 4 and stating that comprehending the concepts will allow them to progress to study lounge sessions. It then provides 4 multiple choice questions and explanations about topics like comprehensive auto insurance coverage, homeowners insurance additional property coverage limits, types of damages in third party claims, and concurrent causation exclusions. It continues with another 4 multiple choice questions and explanations about earthquake damage coverage, subrogation rights, unfair practices acts, and extra expense coverage. It concludes with 4 final multiple choice questions about notice periods for non-payment cancellations, watercraft endorsements, inspection rights, and extended reporting period endorsements.
Principles and fundamentals of general insuranceNirali Nayi
This document discusses several key principles of general insurance:
1. The principle of utmost good faith requires both parties in an insurance contract to fully and accurately disclose all material facts, whether asked or not. This is because the insurer relies on the insured's disclosure of risks.
2. Material facts are those that would influence a prudent insurer's judgment in assessing or pricing the risk. Examples include property details, past losses, and medical history.
3. Facts that do not need to be disclosed include those that lessen the risk, facts of common knowledge, or facts an insurer could reasonably discover. The duty of disclosure applies throughout negotiations.
VCAT Case Study re Insurance Obligations Melbourne / VictoriaTEYS Lawyers
Agents managing multi-level developments must be aware of the extent of the Owners Corporation’s insurance obligations if they want to avoid being sued for breach of their duty to exercise due care and diligence...
Presentation on Fire Insurance for the benefit of law students, different types of insurance with their definitions and their functions, history with brief detail of fire insurance
The document provides a comparison of the 1982 and 2009 versions of the Institute Cargo Clauses with additional commentary. It summarizes the key changes made between the two versions, including updated language and terminology. The commentary section explains certain clauses in more detail, referring to relevant case law to illustrate how the clauses have been interpreted. It is intended to help users understand the revisions and address common cargo claims issues.
This document discusses key principles of insurance contracts and policies. It begins by defining an insurance contract as an agreement where the insurer promises to compensate the insured for a specified event. It then outlines several important principles: utmost good faith requires full disclosure; insurable interest means the insured benefits from safety of the subject; indemnity provides compensation to return the insured to their prior financial position; contribution apportions claims across multiple insurers; subrogation allows insurers to recover costs from liable third parties; loss minimization obligates insureds to reduce damages; and causa proxima determines the closest cause of loss. Examples are provided to illustrate how each principle applies.
Fire insurance provides compensation for losses caused by fire or other perils related to fire. It shifts the burden of fire losses from victims to the broader society through a system where many share the losses of a few. The document discusses the meaning, definition, and nature of fire insurance as well as the scope, functions, and causes of losses covered. It also examines the role of fire insurance in loss prevention and the public and private activities used to reduce fire risks and losses.
- Inland Marine insurance covers property that is movable or at risk of loss during transport, such as goods in transit, construction materials, fine art collections, and equipment used at various job sites. It provides both property coverage and business interruption coverage.
- Business interruption coverage pays for lost income and extra expenses if business operations are suspended due to direct physical damage to covered property. What constitutes physical damage and triggering events is often disputed.
- Inland Marine policies use broader language than standard property policies and typically cover all risks unless specifically excluded. They can cover loss of income even when insured property is not physically damaged.
Court Rejects Coverage under All Risk Property Policy Where Partial Collapse ...NationalUnderwriter
A federal district court in Oregon, ruling in favor of an insurance carrier, has decided that an “all risk” property insurance policy did not cover a partial collapse of a building where the collapse was not directly and immediately caused “only” by the weight of contents and equipment in the building as required by the policy.
The document discusses the relevance of Alfred Thayer Mahan's geopolitical theories in the 21st century. It analyzes Mahan's key tenets on sea power and its importance for national success. Using tools like DIME analysis and comparisons between countries, it evaluates if concepts like control of trade routes and naval strength still apply. While Mahan's ideas retain relevance, the document concludes that land and air transport are improving and may one day rival sea power, lessening the complete validity of Mahan's theories in the modern context.
PERATURAN-PERATURAN ANGKATAN TENTERA(BIDANGKUASA TERUS) 1976FAROUQ
This document amends regulations related to the Armed Forces Act of 1972. It makes changes to the First and Second Schedules of the Armed Forces (Summary Jurisdiction) Regulations of 1976. The First Schedule is amended by deleting paragraph (h). The Second Schedule is replaced in its entirety with a new schedule that lists 8 civil offenses that may be dealt with by a Commanding Officer or Superior Authority, including various motor vehicle and traffic offenses. The amendments were approved by the Yang di-Pertuan Agong and made on July 20, 1999.
PERATURAN-PERATURAN ANGKATAN TENTERA (BIDANGKUASA TERUS) 1976FAROUQ
1. The document outlines regulations regarding summary jurisdiction in the Malaysian Armed Forces.
2. It defines key terms and establishes that a commanding officer has the power to investigate and deal summarily with charges against those under their command. This power can be delegated to subordinate commanders.
3. The regulations specify which punishments subordinate commanders are authorized to award depending on their rank and the rank of the accused person. Minor punishments are outlined in an attached schedule.
KAEDAH-KAEDAH ANGKATAN TENTERA (PENJARAAN DAN TAHANAN) 1976FAROUQ
This document outlines rules for the Armed Forces of Malaysia regarding imprisonment and detention. It covers several topics:
1) It establishes control and inspection of detention centers, including appointing inspectors to oversee detention centers and report to the Minister.
2) It specifies where persons may serve sentences of imprisonment or detention, including service establishments (detention centers and unit detention rooms) and civil prisons. It also classifies service establishments.
3) It provides guidelines for officers serving sentences and where servicemen sentenced in or outside of Malaysia will serve their sentences.
The rules aim to standardize treatment and procedures for members of the Armed Forces serving sentences.
KAEDAH-KAEDAH ANGKATAN TENTERA (MAHKAMAH TENTERA) 1976FAROUQ
This document contains the Armed Forces (Court-Martial) Rules of Procedure 1976 which outline the procedures for courts-martial in the Malaysian Armed Forces. Some key points:
- It establishes the procedures for courts-martial, including convening courts, charges, investigations of offences, trials, findings, sentencing and appeals.
- Courts-martial have jurisdiction to try any Armed Forces personnel for offences under the Armed Forces Act and to determine appropriate punishments.
- Trials are generally open to the public, but the president can order proceedings to be in camera for reasons such as national security or public morals.
- It outlines the roles and responsibilities of those involved in courts-
PERATURAN-PERATURAN ANGKATAN TENTERA(HUKUMAN MEDAN) 1976FAROUQ
This document summarizes the Armed Forces (Field Punishment) Regulations 1976 which establish rules for field punishment in the Malaysian armed forces. Specifically, it allows for field punishment to be carried out with the offender's unit or under supervision of an appointed officer. It defines the nature of field punishment as additional duties/drills or loss of privileges as directed. It also establishes rules for personal restraint, limiting it to prevent escape/injury and for no more than 24 hours continuously.
KAEDAH-KAEDAH ANGKATAN TENTERA (LEMBAGA SIASATAN) 1976FAROUQ
The document outlines rules for Armed Forces boards of inquiry and courts-martial in Malaysia. It details procedures for investigations, trials, evidence collection and witness testimony. Some key points include:
- Boards of inquiry can be convened to investigate servicemember absences or deficiencies in arms/equipment. Courts-martial can try offenses under the Armed Forces Act.
- Rules govern search warrants, interrogation of suspects, and the roles of prosecutors, defending officers and interpreters at trials.
- Courts-martial must consider challenges to their jurisdiction and objections to charges. Accused servicemembers can plead guilty, not guilty, or object to joint charges/trials.
- If found guilty, courts consider
This document summarizes different types of damages that can be claimed in personal injury cases under Malaysian law. There are two main types of losses: special damages, which include quantifiable financial losses like loss of earnings and out-of-pocket medical expenses, and general damages, which cover non-financial losses like pain and suffering. It provides details on how loss of earnings, both past and future, are calculated. It also discusses other claims that fall under general damages, such as loss of amenities/capacity for enjoyment of life and loss of expectation of life.
This document summarizes the types of claims that can arise from fatal accidents under Malaysian law. There are two main types of claims: estate claims by the victim's estate to recover out-of-pocket expenses, loss of earnings until death, and funeral expenses; and dependents' claims by those financially dependent on the victim to recover loss of support. Dependents can claim special damages like medical expenses, loss of pre-trial support, and funeral costs. They can also claim general damages for bereavement, loss of services or consortium, and loss of future financial support calculated based on the victim's expected income and working life. The law specifies who qualifies as dependents and sets limits on certain types of damages that
This document summarizes the law around tracing trust assets when misappropriated by a trustee. It discusses the differences between tracing in common law and equity. In common law, tracing is allowed if the property has not changed form, but if it has, only damages are available. In equity, tracing is allowed even if the property has changed form or been mixed with other assets. There are also specific rules discussed around tracing mixed assets, between multiple trusts, in bank accounts, and exceptions where tracing is not available such as against a bona fide purchaser or when the property can no longer be identified.
The document summarizes four key cases related to negligence and foreseeability of damages:
1) Re Polemis - A shipowner sued a charterer after benzene leaked on board and was ignited by a spark, causing an explosion. The court held the charterer liable as the explosion was a direct consequence of their servant's negligence.
2) The Wagon Mound (No: 1) - Oil leaked from a ship and later ignited, destroying a nearby wharf. However, the court found the defendants not liable as the risk of fire could not have been foreseen.
3) Hughes v Lord Advocate - A man was injured after a lamp dropped into an unguarded manhole
This document discusses the legal elements and principles of duty of care in negligence cases. It outlines proximity, foreseeability of harm, and a reasonable duty as key elements in determining whether a duty is owed from one party to another. Several court cases are referenced that helped establish precedents around duty of care, including Donoghue v Stevenson, Rondel v Worsley, and Governor of the Peabody Donation Fund Ltd. V Sir Lindsay. Islamic points of view and other general notes on duty of care are also mentioned.
This document outlines several common defences that can be used in defamation cases, including justification (if the defamatory statement was proven to be true), fair comment (if the statement was an opinion on a matter of public interest and was not made with malice), privilege (if the statement was made in certain legal contexts like in Parliament), apology (if the defendant apologizes, it can mitigate damages), and paying into court (if the defendant pays money into court as compensation, it can reduce costs if the plaintiff accepts the payment).
To establish a claim for defamation, three elements must be met:
1. The words must be defamatory in that they lower the plaintiff's reputation.
2. The words must refer to the plaintiff, either by explicitly naming them or implicitly through context clues.
3. The defamatory words must be published, meaning communicated to at least one other person besides the plaintiff. Unintentional defamation can still result in liability, but mitigating factors like correcting the record may reduce damages owed.
Defamation is defined as the publication of a statement that lowers a person's reputation in the eyes of others. There are two types: libel, which is a defamatory statement published in permanent form like writing or images; and slander, which is a defamatory oral statement. For a statement to be considered defamatory, the words must tend to make ordinary people avoid or shun the person. Some types of slander, like words imputing unchastity or damaging someone's professional reputation, are considered defamatory per se and do not require proving special damages. Defamation can also occur through innuendo, where words are not explicitly defamatory but take on a def
This document outlines different types of damages that may be awarded in legal cases. It discusses nominal damages, which are awarded when a plaintiff's rights have been violated but no actual damages occurred. It also discusses exemplary/punitive damages, which aim to punish defendants and deter future wrongdoing, such as in cases of oppressive government actions or where a defendant's conduct was intended to make a profit exceeding compensation. The document also mentions aggravated damages, where a court may increase damages due to a defendant's motive or conduct exacerbating a plaintiff's injury and violation of dignity.
This document discusses principles of compensation for damage to property under tort law. It addresses situations of total destruction of property, partial/normal damage to property, cost of repair, loss of use, and duty to mitigate damages. For total destruction, the plaintiff can claim the market value at time of destruction. For partial damage, compensation includes repair costs even if the property value increases after. The cost of repair cannot exceed the total value of the property. The plaintiff may also claim loss of use and business profits if the property was used for business purposes. The plaintiff has a duty to mitigate damages by taking reasonable steps to avoid further loss.
P can be found contributorily negligent if their actions were reasonably foreseeable to cause harm and they failed to act as a reasonable person. The elements of contributory negligence are foreseeability of harm and causation between the plaintiff's actions and their damages. Some examples of contributory negligence include riding in an unsafe position on construction equipment, failing to follow safety instructions, not wearing a required helmet, boarding a moving bus, or getting into a car with a drunk driver. Minors may also be contributorily negligent depending on their age and maturity. When determining damages, the court will apportion liability based on the relative fault of the plaintiff and defendants.
The document discusses causation in negligence cases under English law. It outlines two types of causation: (1) causation in fact, known as the "but for" test, which examines whether the plaintiff's loss would have occurred but for the defendant's negligence; and (2) causation in law (remoteness of damages), which examines whether the damages are too remote to hold the defendant liable. It provides examples of how courts have applied the "but for" test and exceptions where it does not apply, such as when the defendant's actions materially increase the risk of injury or there are multiple possible causes of damage.
The document discusses the legal principles of foreseeability and novus actus interveniens in tort law. It provides examples of cases where:
1) The defendant was found liable because the type of damage was reasonably foreseeable, even if the extent was not (e.g. Wagon Mound I).
2) Intervening acts by the plaintiff or third parties may absolve the defendant of liability, unless their acts were foreseeable consequences of the defendant's negligence (e.g. McKew v Holland).
3) Natural or non-negligent intervening events will break the chain of causation and liability (e.g. Carslogie Steamship).
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
1. 1
QUESTION 1
Fulka has recently bought a fire policy covering “the contents” of his warehouse
which is situated at No. 1, Jalan Lorong Cicak, Kuala Lumpur. The policy contains
the following terms:
a) damages to the contents by a violent storm shall be fully indemnified.
b) the insured shall inform the insurers “as soon as possible” upon the occurrence
of the peril insured against.
On 1-1-2007 thieves entered the said premises by making a hole in the roof and
managed to get away with a loot of RM20,000.00 that was kept in a safe at the office
part of the said building over the weekend. No other items were stolen and no other
damage to the contents was done by the said thieves.
Shortly after the thieves had left the said building with the loot, a violent storm hit
Kuala Lumpur, causing massive flooding to low-lying areas. Only Jalan Lorong Cicak
was not affected by the said flooding. As a result of the storm, rain water penetrated
Fulka’s premises through the hole in the roof and seeped into the electrical system,
thereby short-circuiting and causing a fire. The fire was extinguished by the automatic
sprinkler system installed in the warehouse. A week later, Fulka notified his insurers
of the loss and submitted his claims for goods damaged by:
a) rain water,
b) fire, and
c) water released from the sprinkler installation.
i. Advise Fulka on the success of his said claims.
ii. Would your answer differ if the roof was in fact blown off during the storm and
rain water had thereby caused damage to the goods in the warehouse?
2. 2
The issue of the problematic question is Whether Fulka, the insured can successfully
raised all of the above-mentioned claims; claims for goods damaged by rain water,
fire and water released form the sprinkler installation. However, before tackling the
issues in depth, it is necessary to first deal with the facts of the question. The type of
policy that was undertaken by Fulka is fire insurance policy which covers “the
contents” of Fulka’s warehouse situated at Jalan Lorong Cicak, Kuala Lumpur. The
said policy contains the following terms :
(a) Damages to the contents by a violent storm shall be fully idemnified.
(b) The insured shall inform the insurers “as soon as possible” upon the occurence
of the peril insured against.
Moving on to the statement of facts of the question. The occurence of the first event
happened on the 1st January, 2007, whereby thieves had entered Fulka’s premise by
making a hole in the roof and managed to get away with a loot of RM20,000.00. No
other items were stolen and no other damage to the contents was done by the said
thieves. The second occurence of the event happened shortly after the thieves had left
the said building with the loot, a violent storm hit Kuala Lumpur causing massive
flooding to low-lying areas. Only Jalam Cicak was not affected by the said flooding.
The third occurence of the event resulted from the violent storm, happened when the
rain water penetrated Fulka’s premises through the hole in the roof and seeped into
the electrical system, thereby short-circuiting and causing a fire. Lastly, the fourth
occurence of the event, the fire was extinguished by the automatic sprinkler system
installed in the warehouse.
It has to be noted that the occurences of the event are arranged in such manner for
better understading of the issues.
Having said that, we now move on to the principles of law that are related to the
situation at hand.
The principle of loss is categorized into two forms namely; loss of goods and loss of
limbs or body parts. Since the question revolves around the losses of Fulka’s goods,
therefore, principle of loss of goods shall be discussed in details. By virtue of the case
3. 3
Holmes V Payne1, the court held that the uncertainty of the recovery of goods may
constitute a loss of goods.
Next, the principle of causation. Causation is defined in Becker, Gray & Co V
London Assurance Corporation2 as an active, efficient cause that sets in motion a
train of events which bring about a result, without the intervention of any force
starting and working actively from a new and independent source. According to Lord
Shore in Leyland Shipping Co V Norwich Union Fire Insurance Society, 3
“...Causation is not a chain but a net...The cause is...proximate in efficiency. That
efficiency may be preserved although other causes may have sprung up which have
not destroyed it or impaired it and..may culminate in a result of which it still remained
the real efficient cause to which the event can be ascribed...”
In other words, the important keywords that can be extracted from above-mentioned
cases would be , an active and efficient cause, train of events, causation of loss and a
result.
Haing discussed this, now we move on to the burden of proof in order to establish the
principle of causation. The burden of proof lies on the Insured, Fulka whereby he
needs to prove that loss comes within the policy wording. The general rule of this
principle would be Insurer is liable only for loss which is proximately caused by the
insured event whereas on the part of the Insured, he must show that the loss for which
a claim is made was caused by one of the perils which Insurer contracted to cover.
For better understanding of this concept, the doctrine of proximate cause needs to be
established here. This doctrine, exists in situations where there are two or more
competing causes acting together to bring about a loss.4
Here, it is important to
determine the actual or real cause of the loss- What is the effective cause that
contribute to the loss of the goods? What is the dominant cause? Or the primary
cause?. To answer these questions, the case of Reischer V Borwick5 is used to
illustrate the point. In this case, the court held that the proximate cause of a loss was
1 [1930] 2 KB 301
2 [1918] AC 101
3 [1918] AC 350
4 John Birds. Birds’ Modern Insurance Law 7th edition Thomson Sweet & Maxwell,
2007, p. 249
5 [1894] 2 QB 548
4. 4
the cause which led naturally to the loss in the absence of any intervening cause to
intterupt the flow of events. On the other hand, in Leyland Shipping Co Ltd V
Norwich Union Fire Insurance Society6, the proximate cause of a loss is not the
cause which is the last in time to bring about the loss.
Having said this, applying all the relevant principles with the problematic question
above, the burden of proof is on the insured, Fulka to prove that “the contents” of his
warehouse or goods comes within the policy wording and the goods were covered by
the said policy. Therefore, in order to determine whether Fulka can successfully
recover all of his claims, it is vital to ascertain the proximate cause of those
occurences.
The policy specificaly and expressly stated that the insurer will only cover damages of
the goods if it is caused by fire or/and violent storm. It was established in the third
paragraph of the statement of facts that shortly after the thieves had left Fulka’s
premise, a violent storm hit Kuala Lumpur, causing massive flooding to low-lying
areas. However, it has to be noted that only Jalan Lorong Cicak ( Fulka’s premise)
was not affected by the said flooding. As a result of the storm, rain water penetrated
Fulka’s premise through the hole in the roof.
The issue of whether rain water falls under the definition of “violent storm” need to
be considered in solving this particular issue. It is clear that the policy only recognizes
damages that were done by voiolent storm, and rain water was not included in the
wording of the said policy. Moreover, applying the fact that Jalan Lorong Cicak was
not affected by the said flooding further strengthened this particular argument. Thus,
Fulka might not be successful in his claim- losses caused by rain water because it was
not expressly included in the policy as per doctrine of proximate cause of loss- loss
must be within the risk insured.
As for Fulka’s claim for goods damaged by fire, the fire had broke as a result of the
storm that brought about the fact that rain water had penetrated his premise through
the hole in the roof and eventually, seeped into the electrical system, thereby short-
circuiting and causing a fire. To illustrate further, the case Marsden V CC
6 [1918] AC 350
5. 5
Insurance7 shall be discussed in detail. The facts of the case revolves around a policy
covered on plate glass at the place of business against damage from any cause except
fire. Insured’s neighbor’s property caught fire. A big crowd had gathered, causing a
riot to break out. As a result, the plate glass was broken. The issue of the case that
concerns the court was What is the proximate cause of the loss? Did fire caused the
loss? Or the riot? The court held that the insurer was liable and not excluded form its
liability as the riot, not the fire, caused the loss. The fire merely facilitated the loss.
The insured managed to recover his loss. Another case that can be cited here is the
case of Winicofsky V Army & Navy Insurance.8
This case concerns with the policy
against theft. The goods were stolen during an air raid and the insurer relied on the
exclusion clause to escape its liability. Some of the issues that are highlighted in this
case are, Was the loss covered by the policy? Was the loss caused by an air raid? (loss
is not covered) or was the loss caused by theft? ( loss is covered within the insured
peril). The court held that, the theft was the real cause of loss. The air raid facilitated
the loss.
Relying the principles of the cases Marsden V CC Insurance and Winicofsky V
Army & Navy Insurance, the act of the thieves who made a hole in the roof is a
contributing and facilitating factor which leads the rain water to seep into the
electrical system and thereby short-circuiting and causing a fire. The prominent and
proximate cause is still the fire which had destroyed the goods and obviously, falls
under the wording of the policy. Therefore, Fulka may successfully recover his claim
for goods damaged by fire.
The facts further state that the fire was extinguished by the automatic sprinkler system
which was installed in the warehouse. The installation of the automatic sprinkler
system in the warehouse can be regarded as Fulka’s effort or preventive act which
was undertaken by him to ensure that the contents of his warehouse are save from any
kind of destruction. An insured is entitled to recover an indemnity from an insurer
only when the property insured is damaged by an insured peril. In the face of an
imminent peril, the insured is entitled to take preventive action in which any loss or
damage suffered by the property insured as a result of actions taken by the insured to
7 (1865) 12 Jur NS 76
8 (1919) AC 350
6. 6
prevent the destruction of the property by an insured peril may be recovered from the
insurer as a loss from the risk insured.9
By virtue of the case Symington V Union Insurance Society of Canton,10
the
subject, a cork is covered under the transportation policy. While on the jetty awaiting
to load, a fire had broke out. In order to prevent the spread, the cork was thrown into
the sea and the sea water was thrown on the remainder. The issue that was raised was
the loss caused by sea water? (loss is not covered) or by the fire? (loss is covered) and
the court decided that the loss was indeed caused by the fire. The act of throwing the
cork into the sea was regarded as a preventive action and therefore, there is no break
in the causation of chain and loss is recoverable under the terms of the policy as the
said loss due to fire.
In application, Fulka might be able to recover his losses under this ground as the
installation of the automatic sprinkler system is seen as a measure on the part of Fulka
to safeguard his goods in the warehouse and any loss or damage suffered by the
property insured as a result of the preventive action taken by Fulka is clearly
recovered from the insurer as a loss from the risk insured.
Moving on to the minor issue of submission of claims. As per statement of facts of the
question at hand, Fulka notified his insurers of the losses and submitted his claims a
week after the incident. The question of does a period of one week suffice the
requirement of “the insured shall inform the insurers as soon as possible upon the
occurence of the peril insured against” need to be addressed accordingly here. In the
eyes of Insurance Law, one week is deemed to be a reasonable period to constitute the
term “as soon as possible” being fulfilled by Fulka.
In tackling the second part of the problematic question, the issue of whether the
answer would be different if the roof was in fact blown off during the storm and rain
water had thereby caused damage to the goods in the warehouse will be answered in
the following paragraph.
9 John Birds. Birds’ Modern Insurance Law 7th edition Thomson Sweet & Maxwell,
2007, p. 246
10 (1928) 97 LJ KB 646
7. 7
My answer would definitely be different if the roof of Fulka’s premise was in fact
blown off during the storm and rain water had thereby caused damage to the goods in
the warehouse as storm is deemed to be the prominent and dominant cause of the loss.
By virtue of the case Forwarding Shipping V Nusantara Worldwide Insurance,11
the brief facts of the case involves a marine policy on barge and crane against risk
including perils of the sea, river, lake, or other navigable water. The crane and timber
logs were towed from Bintulu to open sea for off-loading to another ship. Later, the
weather had worsened, causing the barge and crane sank. The insured initiated a claim
and argued that the loss was caused by the perils of the sea. The issue that arose was
the cause of loss due to perils of the sea or heavy load of timber? The court held that,
the proximate cause of loss was peril of the sea as there was a sudden change of sea
condition to heavy storm.12
Appying the principle of the above-mentioned case with the problematic question at
hand, a sudden change of weather to heavy storm is regarded as a proximate cause of
loss. Moreover, the fact that the roof of Fulka’s premise was blown off during the
storm is a clear cut incident that would result to the rain water to cause further
damage to his goods. A reasonable man would be able to predict the consequences
and apply his common sense that the storm was the proximate cause of a loss. In
conclusion, Fulka may recover his losses if the roof was blown off during the storm as
the policy clearly covers damages to the contents by a violent storm.
11 [2005] 1 MLJ 373
12 Irwin UJ Ooi. “The Forwarding Shipping and Bagusia Cases: A Perilous Approach by
the Malaysian Judiciary to Perils of The Seas in Marine Insurance?” (2008) 22 A&NZ
Mae LJ