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.
Thursday, March 18, 2010
Friday, March 12, 2010
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.
“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.
Monday, March 1, 2010
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.
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.
Thursday, February 25, 2010
Cyber Crimes
What is cybercrime? Based on the definition from TechTerms.com, cybercrime is criminal activity done using computers and the Internet. According to the latest statistics from CyberSecurity Malaysia, local cybercrime activities are increasingly becoming more money-motivated. According to Chief Executive Officer Lt Col (R) Husin Jazri, these cyber threats, which previously were done for thrills, are now done for financial gains. He also stated that hackers, fraudsters and criminals are working in tandem, across border.
Cybercrime cases have increased in a rapid state and based on a news article at thestar.com which dated January 17, 2009, there were more than 4,000 cybercrime cases reported in two years. Lt-Col Husin said that the complaints lodged were mostly consisted of hack threats, fraud, denial of services and other computer problems such files lost or corrupted by viruses.
As a step taken to enhance the cyber security, CyberSecurity Malaysia has introduced Cyber999, which is a service to serve the local internet community, addressing cyber security and safety issues such as identity theft, system intrusions and virus attacks.
On the other hand, a news article in thestar.com dated August 5, 2008 reported that Malaysian and Thai police will cooperate to stem the rising tide of cybercrime. In the article also mentioned that Inspector-General of Police Tan Sri Musa Hassan said the two countries would share intelligence to get more information and identify the groups involved in internet-related scams, as well as their modus operandi.
As for Act, Computer Crimes Act 1997 is related to the offences using computers. Another law is the Digital Signature Act 1997. It allows for the development of, amongst others, e-commerce by providing an avenue for secure online transactions through the use of digital signatures.
With all the initiatives taken to protect the public from becoming a victim of cybercrime, public should be aware of this issue and take all the necessary effort and precautions to protect themselves against cyber threats.
Cybercrime cases have increased in a rapid state and based on a news article at thestar.com which dated January 17, 2009, there were more than 4,000 cybercrime cases reported in two years. Lt-Col Husin said that the complaints lodged were mostly consisted of hack threats, fraud, denial of services and other computer problems such files lost or corrupted by viruses.
As a step taken to enhance the cyber security, CyberSecurity Malaysia has introduced Cyber999, which is a service to serve the local internet community, addressing cyber security and safety issues such as identity theft, system intrusions and virus attacks.
On the other hand, a news article in thestar.com dated August 5, 2008 reported that Malaysian and Thai police will cooperate to stem the rising tide of cybercrime. In the article also mentioned that Inspector-General of Police Tan Sri Musa Hassan said the two countries would share intelligence to get more information and identify the groups involved in internet-related scams, as well as their modus operandi.
As for Act, Computer Crimes Act 1997 is related to the offences using computers. Another law is the Digital Signature Act 1997. It allows for the development of, amongst others, e-commerce by providing an avenue for secure online transactions through the use of digital signatures.
With all the initiatives taken to protect the public from becoming a victim of cybercrime, public should be aware of this issue and take all the necessary effort and precautions to protect themselves against cyber threats.
Wednesday, February 24, 2010
Drug Trafficking
Today when i'm browsing through the star online website, i came across a news article titled:"Boat maker to hang for trafficking". Panizan Sunan Achayari was sentenced to hang under Section 39B of the Dangerous Drugs Act 1952.
JOHOR BARU: A boat maker was sentenced to death by a High Court here after he was found guilty of trafficking in 1.6kg of cannabis.
Panizan Sunan Achayari, 32, an Indonesian national with permanent resident status, appeared calm when the judge read out the sentence.
According to the facts of the case, the drugs were found in a red bag labelled with the words “best wishes” on a motorcycle used by Panizan.
The offence was said to have been committed at 10.20pm outside the Surau Kg Tok Siak in Bakar Batu, Majidee here on March 22, 2006.
Lawyer Norman J. Fernandez, who represented the accused, told the judge that Panizan had committed the offence because of poverty. He added that Panizan was remorseful.
Justice Datuk Mohd Zawawi Salleh, however, said it was a serious offence.
“The accused has failed to raise doubt in the prosecution’s case and therefore the court has no choice but to sentence the accused to hang under Section 39B of the Dangerous Drugs Act 1952,” he said.
According to Section 39B of Dangerous Drugs Act 1952,
(1) no person shall, on his behalf or on behalf of any other person, whether or not such other person is in Malaysia -
(a) traffic in a dangerous drug;
(b) offer to traffic in a dangerous drug;
(c) or do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.
Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death.
By trafficking 1.6kg of cannabis, Panizan had violated this law and was sentenced to hang. Cannabis is also known as marijuana, marihuana and ganja. In Malaysia, there are various anti-drug campaigns designed to educate young people on the dangers of drug use. Malaysia views drug trafficking as a serious offence and once the offender is proved guilty, he or she will be sentenced to hang.
JOHOR BARU: A boat maker was sentenced to death by a High Court here after he was found guilty of trafficking in 1.6kg of cannabis.
Panizan Sunan Achayari, 32, an Indonesian national with permanent resident status, appeared calm when the judge read out the sentence.
According to the facts of the case, the drugs were found in a red bag labelled with the words “best wishes” on a motorcycle used by Panizan.
The offence was said to have been committed at 10.20pm outside the Surau Kg Tok Siak in Bakar Batu, Majidee here on March 22, 2006.
Lawyer Norman J. Fernandez, who represented the accused, told the judge that Panizan had committed the offence because of poverty. He added that Panizan was remorseful.
Justice Datuk Mohd Zawawi Salleh, however, said it was a serious offence.
“The accused has failed to raise doubt in the prosecution’s case and therefore the court has no choice but to sentence the accused to hang under Section 39B of the Dangerous Drugs Act 1952,” he said.
According to Section 39B of Dangerous Drugs Act 1952,
(1) no person shall, on his behalf or on behalf of any other person, whether or not such other person is in Malaysia -
(a) traffic in a dangerous drug;
(b) offer to traffic in a dangerous drug;
(c) or do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.
Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death.
By trafficking 1.6kg of cannabis, Panizan had violated this law and was sentenced to hang. Cannabis is also known as marijuana, marihuana and ganja. In Malaysia, there are various anti-drug campaigns designed to educate young people on the dangers of drug use. Malaysia views drug trafficking as a serious offence and once the offender is proved guilty, he or she will be sentenced to hang.
Monday, February 22, 2010
Group Assignment - Law of Contract
Chong and Wei went shopping and decided to shop at Super Supermarket. Wei looked at the goods which were on display and decided to purchase three bottles of face cream which were on offer. She took the bottles to the counter where she paid for them. As they were leaving the supermarket, the cashier came up to them and told them that they have to return the goods. Advise Wei according to Contracts Act 1950 and relavant decided case(s).
The issue in this situation is whether there is a legally binding agreement between Wei and the cashier and whether Wei has to return the goods to the cashier. In order for a contract to be legal and valid, it must have offer [Section 2(a) of Contract Act] and acceptance [Section 2(b) of Contract Act] which the acceptance must be absolute and unqualified [Section 7(a) of Contract Act].
According to the case of Pharmaceutical Society of Great Britain v. Boots Cash Chemist, displaying of goods is merely an invitation to treat and not an offer. However, when Wei took the bottles and took them to the counter, she is making an offer to buy those goods and there is acceptance if the cashier accept the payment for the goods. In this situation, the cashier did accept the money paid for the goods. In other words, Wei made the offer to buy the goods and the cashier accepted it. Thus, with the existence of offer and acceptance (the acceptance is absolute and unqualified), this is a legal contract. Another case that can be refered to is the case of Fisher v. Bell.
Since there is a legally binding agreement between Wei and the cashier, Wei does not need to return the goods to the cashier.
The issue in this situation is whether there is a legally binding agreement between Wei and the cashier and whether Wei has to return the goods to the cashier. In order for a contract to be legal and valid, it must have offer [Section 2(a) of Contract Act] and acceptance [Section 2(b) of Contract Act] which the acceptance must be absolute and unqualified [Section 7(a) of Contract Act].
According to the case of Pharmaceutical Society of Great Britain v. Boots Cash Chemist, displaying of goods is merely an invitation to treat and not an offer. However, when Wei took the bottles and took them to the counter, she is making an offer to buy those goods and there is acceptance if the cashier accept the payment for the goods. In this situation, the cashier did accept the money paid for the goods. In other words, Wei made the offer to buy the goods and the cashier accepted it. Thus, with the existence of offer and acceptance (the acceptance is absolute and unqualified), this is a legal contract. Another case that can be refered to is the case of Fisher v. Bell.
Since there is a legally binding agreement between Wei and the cashier, Wei does not need to return the goods to the cashier.
Wednesday, February 3, 2010
Doctrine of Stare Decisis
Doctrine of Stare Decisis is also known as doctrine of binding judicial precedent. It holds that judges are bound to follow the decision made by other judges before them in dealing with cases with similar facts. The doctrine of stare decisis works in two ways:horizontal and vertical. It works horizontally when a judge is bound by decisions of earlier judges of similar or coordinate level and it works vertically when a judge is bound by decisions of judges made at the superior courts.
There are advantages and disadvantages of doctrine of stare decisis. It increases the efficiency by acting as a convenient and time saving mechanism. If there are similar issues or cases occurred, judges can refer back to the decisions made by earlier judges and came out with the same conclusion. At the same time, it promotes stability and uniformity in law. It is natural for similar situations and problems to have the same solution in terms of law.
Also, with the doctrine, judges can minimize the risk of making mistakes. The decision-making process will be guided by past cases.
Doctrine of stare decisis also has its disadvantages. When judges refer back to old cases, there may be too many of them and this may cause confusion. The cases were not exactly the same but similar to each other.
Besides that, this doctrine also limits the development of law. As stated by 'Sixth Form Law', "practical law is founded on experience but the scope for further experience is restricted if the first case is binding".
There are advantages and disadvantages of doctrine of stare decisis. It increases the efficiency by acting as a convenient and time saving mechanism. If there are similar issues or cases occurred, judges can refer back to the decisions made by earlier judges and came out with the same conclusion. At the same time, it promotes stability and uniformity in law. It is natural for similar situations and problems to have the same solution in terms of law.
Also, with the doctrine, judges can minimize the risk of making mistakes. The decision-making process will be guided by past cases.
Doctrine of stare decisis also has its disadvantages. When judges refer back to old cases, there may be too many of them and this may cause confusion. The cases were not exactly the same but similar to each other.
Besides that, this doctrine also limits the development of law. As stated by 'Sixth Form Law', "practical law is founded on experience but the scope for further experience is restricted if the first case is binding".
Subscribe to:
Posts (Atom)
Copyright © A MixTuRe oF ThOugHts | Blogger Theme by BloggerThemes