Words of the Day

"If you can't laugh at yourself, I'll do it for you."

By

Anonymous


Muna Farhana

POP QUIZ 1

My Quiz

Hye everyone. Please attempt all questions below. 

Thank you.

1. What is HIRE PURCHASE?

Goods acquired by credit
Transfers of goods by cash


2. Law of HIRE PURCHASE in Malaysia is governed by _____.

Partnership Act 1961
Hire Purchase Act 1967


3. Who are the parties in HIRE PURCHASE?

Hirer and owner
Agent and principal


4. What types of goods governed by HIRE PURCHASE ACT 1967?

Consumer goods and motor vehicles
Movable property


5. Hirer is someone who _____.

takes the good from an owner
sold the good to another person

All the best!

Love Yourself

Please.. if you love yourself, do not go to LAW school!!

Don't Get Yourself Being Fooled....

Clause and effect

Articles of Law

By BHAG SINGH

Changing circumstances may render favourable clauses, unfavourable.

CONTRACTS that are signed and entered into are not mere pieces of paper to be stamped and embellished to look impressive. They contain important and crucial terms that can have a serious impact on the rights and obligations of a party to the arrangement involved.

Sometimes these clauses may be deliberately requested by one party through sheer foresight. On other occasions, it may be inserted by the person preparing the agreement while relying on another agreement without specific attention on such clause.

Whenever a dispute arises or is about to arise, one party or both parties may scrutinise the contract document to see if there is a clause that it can exploit to its advantage or a clause that will expose it to greater danger or liability. Who asked for the clause to be put in is of little importance at this stage.

What is involved might not be a clause which the parties were seriously concerned with at the time the contract was drawn up and the clause inserted. It may have appeared, at that time, to be of little significance and hence was given little thought.

An example is the situation of Manchester United striker Dimitar Berbatov.

It was generally thought that the striker would be a free agent in the coming summer and he would be looking at which Club he could actively play in. However, Manchester United have put paid to his plans by proposing to exercise their right to activate a clause in his contract and extend it for one year.

Such a clause gives one party a right which he can exercise unilaterally if such exercise is considered an advantage. Here it would be the option exercised by Manchester United. If they do not need him, they need not exercise the right and he could go.

Option clauses in everyday life are common in many agreements. One example is tenancy agreements. Often a tenant may want the right to stay for a longer period. The landlord may only want to sign for one or two years. However, an option clause can make the tenancy last longer at the behest of the tenant. A typical clause of this nature could read as follows.

“Three months prior to the expiration of the tenancy, the tenant may by giving a notice in writing, extend the tenancy for a further term of two years upon the same terms and conditions except this clause for renewal.”

This clause is, of course, perfectly worded from the point of view of the tenant. So long as he gives three months’ notice in writing, he is assured of staying on for a further period at the same rental. The landlord will not be able to ask for any increase.

However, not all landlords may agree to option clauses being worded in such terms. They may insist that the renewed or extended term of the tenancy shall be at a rental to be negotiated. However, such a clause would have the potential of negating the option.

This is because if the parties cannot agree on the new rental, there would be no agreement. In such circumstances, failure to agree on the new rental would mean no further tenancy and the tenant would have to vacate the premises.

On a different note, one may think that if there is a breach in the contract by one party, then any damage suffered can be recouped from the delinquent party. This may not always be so.

This is because one of the parties may have ensured that there is an exemption clause limiting its liability. If there is such a clause, then the liability of the party in breach will be limited to that amount even though the damage suffered by the aggrieved party is much more.

In some cases, a party in a superior bargaining position may go further and exclude all liability. It may not agree to provide goods or services if such exclusion of liability is not provided for.

In a company limited by shares or in a partnership, it is possible to have a buy back provision. There may, for example, be a clause in the agreement that one partner or shareholder can buy out the shares of the other at a fixed price at a time chosen by the particular partner or on the occurrence of an event. This purchase may be at cost or at the par value of shares.

Where the value of the shares has gone up, it may appear to be unfair that one partner is able to buy out the other at cost or par value even though the value of such shareholding is much greater. If this is what has been agreed to in advance, then this is what will happen. This is what contracts are all about so long as the guiding principles of the law are not breached.

Many people involved in business may sometimes provide services or goods in which they may depend on other parties for their source of supply. If the price of such goods or services remains unchanged, then the forecast of profit may not be affected in the absence of other circumstances.

Prices of goods can increase and costs of labour can go up. If this is anticipated, the supplier of such goods or services could protect himself by incorporating a price escalation clause to cover the increase that has occurred over a certain period. Of course, this will have to be strictly on the basis of proven data.

However, if this is not done and the supplier has not earlier secured the goods and services at the existing contract prices, any increase will have to be borne by him. This may result in a loss of profits or even end up at a loss.

Thus any party involved in a transaction which is governed by a contract must pay close attention to all its terms.

THE STAR : 14 February 2012

Announcement!!

Dear my DEN 4A kids, 


Please be inform that your TEST 1 will be held on Friday, 24th February 2012 from 3.00 to 5.00 pm. 


Everything is about LAW OF CONTRACT. 


Study smart and all the best!

Announcement!!

Dear students,

I will not be around from 15th of February til 17th of February 2012.

I am going for a course in Kuala Lumpur.

Therefore, all classes for the said date shall be postponed.

Thank you.

Quotes of the Day

I never make the mistake of arguing with people for whose opinions I have no respect.


Edward Gibbon

FOR DEN 4A

Dear students of DEN 4A

Here is your assessment for this week. Let it done in group and submit by Tuesday, 14 February 2011.

Rose, Sam and Nour started a business in car dealership in August 2001. The partnership is for a period of ten years and all three partners played an active part in the business. Last month Sam was involved in a car accident where he suffers serious head injuries. Until today he is still in the intensive care unit of Hospital Pakar Damai. The doctor says that he might suffer brain damage. Rose would like to dissolve the partnership and comes to see you for advice. 


Advise her.

                                                                                                                            (20 Marks)

FOR DBF 3C

Dear students of DBF 3C

Here is your assessment for this week. Let it done in group and submit by Tuesday, 14 February 2011.

On December 15, 2008, Homer, a computer expert sent a letter to The Orchids Sdn. Bhd offering to teach computer literacy classes for their employees. Among the terms of Homer's offer was a statement that he would teach the classes from 6.00 pm. to 9.00 pm. weekdays between January 12 and February 14, 2 December 20, 2008 letter stating that, "We accept your offer on the condition that you teach the computer literacy classes from 1.00 pm. to 5.00 p.m., Monday through Saturday, January 4 - January 16,2009."

Homer received this letter on December 23, 2008. Later that day, one of The Orchids' executives telephoned Homer and said, "Sorry, we're revoking our acceptance of your December 15 offer, the current financial situation just isn't right for that kind of spending". Homer responded by saying, "You're too late. I agree to what was in your letter dated 20 December, that means we have a contract."

Do Homer and The Orchids have a contract? Why or why not? Explain.

(12 Marks)

GOOD LUCK

Despite my MALAY name....

Something interesting to share. Because sharing is caring :)

The STAR, Wednesday January 25, 2012

Don’t let English die

OPEN CHANNEL

I’M a 73-year-old Englishman, despite my Malay name, and from time to time I like to read the items in Mind Our English. Although I consider I speak my language correctly, I’m happy to brush up on grammatical points that I may have forgotten in a city like Sungai Petani, Kedah, where English isn’t too common.

I’m old-fashioned apparently in the way I spell (and pronounce) words as people in my part of the world used to spell them. I still spell words like “to-day” and “to-night” although the hyphen seems to have vanished these days. I still use “whom” now and feel that it’ll disappear from the English language very soon. I still use “lie” when asking a child to lie down, the objective (or accusative) case of a personal pronoun after a preposition and the subjunctive mood correctly.

I remember months ago writing to someone in your area who stated she was a teacher and I said that I hoped that English wasn’t one of her classes as she wrote something like: “A friend told my husband and I (something).” In other words, “A friend told I.” It’s a common mistake even amongst native English speakers. It reminds me of a comical song from Somerset in England called: Don’t tell I, tell (h)e.

Now to MOE (Dec 12, 2010). A reader asked about using “were” instead of “was” and the answer was a good explanation of the subjunctive mood affecting the verb “to be”. Great. However, elsewhere in the column, the teacher wrote: “If there was no inversion ...” Whoops! Sorry for being a smarty pants! I’m not trying to be clever. I enjoy reading MOE.

How’s this for English? When I was working with the Royal Air Force at Butterworth, a senior storeman came to me with a parcel saying: “Excuse me Cpl Zainol, this parcel has just arrived from Australia but I do not know for whom it is.” It made me think.

Keep up the good work and don’t use words like “wanna” and “gonna”. Where on earth did they come from? 

By : Zainol Abdullah

LAW EXAM GUIDES

Hye folks,

Please read this. IMPORTANT!

https://sendnow.acrobat.com/?i=maGVSQnOrX7JHO0WGtLDLQ

Law isn't strange, it is personalized..

CHAPTER SIX : LAW OF NEGOTIABLE INSTRUMENTS

Dear students,

Here is the final chapter of your syllabus. Please compile all the notes for your easy reference.

Thank you and study smart!

https://sendnow.acrobat.com/?i=j1JOHIm9Amljxw4bwjEXSg

CHAPTER FIVE : LAW OF HIRE PURCHASE

To my dearest student,

This is the second last chapter for your syllabus.

Please print it and make it available while in my class.

Thank you.

https://sendnow.acrobat.com/?i=yBGl4jnuswct7ZjQtLhYmQ

Wordless Wednesday

CHAPTER FOUR : LAW OF SALE OF GOODS

Students, here is the Chapter Four : Law of Sale of Goods.

Please make a COPY for yourself!

Thank You!

https://sendnow.acrobat.com/?i=vYlPMijHztzrM6XEYkT0Ag

Announcement!!!

Dear my DEN 4A students,

There will be no class on Friday, 20th January 2012 because I am on leave.

Please read Chapter One on Consideration and write your own short notes.

Thank You.

CHAPTER THREE : LAW OF AGENCY

Hye all,

Here is the notes for Chapter Three

Thank You!

https://sendnow.acrobat.com/?i=0gmR7vsetxGFX9WKuEHFUA

Announcement!!

Dear all DBF 3C's student,

There will be a POP QUIZ on Thursday, 19 January 2012.

Assessed chapter wil be MLS.

Study smart and good luck guys!

CHAPTER TWO : LAW OF CONTRACT

Dear students, 

Attached is the notes for Chapter Two 

Please download it and make a copy for yourself!

https://sendnow.acrobat.com/?i=xsmt-T90Wa6KjlIEkOgbwA

Malaysian, please consider this!

Legal perspective on ambulance crashes

ARTICLES OF LAW

By BHAG SINGH

When an ambulance is involved in an accident, can the injured passengers claim for liability?

ONE visualises an ambulance as a “rescue vehicle” that sends a sick person or someone who is involved in an accident, to the hospital to be attended to or treated expeditiously.

However, there have been several instances when an ambulance that was transporting a person to hospital, was involved in an accident, further injuring the said person and others accompanying him.

A recent report narrates how an ambulance which was sending a 47-year-old man who had suffered a heart attack to hospital, was involved in a crash. The patient was injured and six other persons who were in the ambulance, were hurt, too.

A reader asks whether the ambulance can be sued even though it has merely come to help the patient and assist in sending him to the hospital.

The fact that the ambulance was sending someone to the hospital and that there was a crash which resulted in injuries to the said person and others, are two separate matters. The episode has to be treated as an ordinary accident when it comes to making a claim by those who were injured.

Any claim for damages for injuries suffered and losses arising out of an accident would have to be based on negligence. If it was the negligence of the ambulance driver, then there would be a basis for a claim.

Our law is structured on the basis of fault liability. A right to make a claim only arises if there is any fault on the part of the person who drove the vehicle that caused the accident. So a successful claim against the ambulance requires the driver to be at fault.

If it was totally the fault of another party which resulted in the collision, any claim against the ambulance would not be successful. In such a case, it is the other party or vehicle that would have to bear liability.

Then there are situations in which the ambulance may only be partly to blame. The other party may also have contributed to the accident. In such cases, it is said that there is contributory negligence.

But how would the injured person know who is to blame? After all, they were in the ambulance and would likely not know how the collision came about. However, one thing is certain. The passengers in the ambulance could not have contributed to the collision. It would, in such case, be advisable to sue both the ambulance as well as other vehicle or vehicles.

Who to sue?

As the ambulance is a mere vehicle, whom should the injured party sue? Of course, the driver of the ambulance is the one who would be the person who was negligent unless it was someone else who was at fault.

However, in addition to the driver, the employer who would likely be the owner of the vehicle, would also be liable. This is because in negligence, the law also places responsibility on the employer. This is termed “vicarious liability”.

Those who employ drivers will know that should there be an accident, they would also be liable to pay damages even though they were not in the vehicle.

The employer may have stated expressly in the contract of employment that for all accidents and damage caused or arising in the course of his work, the driver will be personally liable.

This arrangement would only be effective between an employer and the employee. It cannot be relied upon in a claim by a third party. The third party can proceed against the owner as well. It would then be for the owner to institute action against the driver to be indemnified.

The next question that arises is: who is the owner? This is important because though the driver is most of the time known and can be sued, he may not have the ability to meet any judgment obtained. So it is necessary to bring in the owner.

If the ambulance belongs to a government hospital, then it must be noted that a government hospital is, by itself, not a legal entity. Nor is the hospital or health department or the Health Ministry a legal entity. The legal entity in such a case would be the Government of Malaysia. So it is the Government of Malaysia that will have to be sued unless it is a hospital under the state government.

Otherwise the ambulance may belong to a private hospital which is in all probability incorporated as a company. In consequence, the hospital that owns the ambulance will be the party to be sued. This will be on the basis of vicarious liability.

In other cases, an individual or company may be involved in the business of providing ambulance services. The ambulance service may have been contacted by the party requiring the service or arranged by a private hospital that received the call. However, the party that will be liable will be the owner of the ambulance service, whether an individual or a corporate body.        

Other than the Government, it is often the case that the vehicle is insured. It is therefore the insurance company that will pay whatever is awarded. However, be that as it may, unless the matter is earlier settled, the action will be in the name of the owner and likely the driver.

Whilst on the subject of insurance claims, it should be noted that the insured party should promptly notify the insurance company about the accident within the specified period. If this is not done, the insurance company may well opt to repudiate liability. This can mean that the insurer may not pay at all or after paying, recover the amount from the insured.

THE STAR : 8 November 2011

CHAPTER ONE : MALAYSIAN LEGAL SYSTEM

To my student, please click the link given below to download your notes for Chapter One.

https://sendnow.acrobat.com/?i=qmhpxr3AzSzAHw-A4o7IOg

Thank You!

Law Field Trip - 2011

DATE : 17 OCTOBER 2011

DAY : MONDAY

TO : PENJARA PRA BEBAS, DUSUN DATO' MURAD, AYER KEROH, MELAKA

This trip was organized by Law Unit, KPM Bandar Melaka.

It was participated by 30 semester three students from Diploma in Islamic Banking and Finance with 2 lecturers, which is me and Madam Farakhshima Dahalan. It was a very interesting visit and the most important is, we had learnt the most valuable lesson in life i.e. don't you try to be a CRIMINAL. Appreciate what you have now and live your life to the fullest!

Here are some pictures !!

ASSESSMENT 1 : WEEK 1

Please answer the following and submit on 8 JANUARY 2012

(a)   Briefly explain and comments ANY definition of law given by the jurists.
       ( 10 marks )

(b)   Discuss the TWO (2) differences between public law and private law.
       ( 10 marks )

All About Contract

Welcome Folks!

A new semester has begun. And we are now in 2012. May this another year bring joy and happiness to us.

Remember!

There are two things to aim at in life; first to get what you want, and after that to enjoy it. Only the wisest of mankind has achieved the second.

Quoted by:

Logan Pearsall Smith