Breach of Contract

A contract can be discharged by breaching a contract. There are four remedies for breach of contract, which are damages, specific performance, injunction and quantum meruit. Below is an example of alleged breaching of contract:

In The Star Online dated 12 February 2010, a Kuala Lumpur-based development oompany and a legal firm have been sued for a whopping RM 324.2 million over an alleged breach of contract involving two projects in Perlis.

The plaintiffs are Real Tech Entrepreneur (M) Sdn Bhd and Beta Semarak Sdn Bhd and the defendants are Sekutu Saujana (M) Sdn Bhd and legal firm of Azhari and Sumari.

As quoted from the news article, Real Tech and Beta Semarak are seeking RM 144mil for four million tonnes of granite at a price of RM 36 per tonne for a reclamation project in the Perlis coastal area, RM 80mil for four million tonnes of granite at a price of RM 20 per tonne for the electrified double track project also in Perlis and RM 150000 in deposit paid for the two projects. Besides that, they are also seeking RM 100mil in general damages, exemplary damages and cost.

Safety on the Roads

"PUTRAJAYA: Road deaths recorded during this year’s safety campaign for the Chinese New Year period dropped to 201 from 212 in the same period last year, said Transport Minister Datuk Seri Ong Tee Keat.

“There has also been a 27.8% drop in the daily average of deaths, and a 3% drop in the number of accidents." - The Star Online, 25 February 2010

In order to cut down on accidents and road fatalities, a traffic enforcement system has been proposed, which is Automated Enforcement System (AES). There will be two types of digital cameras under this system, which are static cameras and moveable cameras.

Under AES, digital cameras would be installed at accident-prone areas, expressways and state roads to capture offences commited by motorists. After the images have been captured, they will be registered in the Road Transport Department (JPJ)system and summonses will be issued to the offenders.

Offenders of road safety will be charged under Road Transport Act 1987. Sani Express bus driver, Mohd Kamil Rashid, which was charged with reckless driving was charged under Section 41(1) of the Road Transport Act 1987. He is liable to not more than 10 years' jail and a fine of not less than RM 5,000 if found guilty.

Protection of Wildlife

MALACCA: A week-long surveillance by authorities off the coastal waters of Ujong Pasir for possible illegal wildlife trade paid off when marine police rescued 35 pangolins destined for cooking pots. - The Star Online, 20 February 2010

The cases of illegal smuggling of wildlife have increasing rapidly and based on The Star/Asia News Network's news article titled "Malaysia a hub for wildlife smuggling" dated 19 January 2009, Malaysia is ranked among the top illegal wildlife smuggling hubs in the world, specialising in transporting pangolins, birds and clouded monitor lizards. Smuggling and illegal trading of endangered animals have posed a major threat to those animals and an act that is related to protecting wildlife is the Protection of Wild Life Act 1972.

There is more and more attention given to the issue of protecting wildlife, especially for endangered animals. This is proven by a news article in the star online dated 4 March 2009 titled "Stiffer penalties proposed to safeguard wildlife". It stated that "The proposed amendment to the Wildlife Protection Act 1972 (PWA) will have increased penalty of up to 30 times and mandatory jail term for offences against endangered wildlife species".

Apart from all the efforts done, we should also play a part in protecting wildlife. Take an example from the case of smuggling pangolins. People try to smuggle pangolins due to the existence of demand and they can make a sum of money from it. Thus, if there is no demand for wildlife, the cases of smuggling wildlife will be decreased as money is no longer an attraction in these illegal trades.