PTT 444 TECHNOLOGIST IN SOCIETY LAW INTRODUCTION TO

PTT 444 TECHNOLOGIST IN SOCIETY LAW: INTRODUCTION TO LAW MDM. NUR IRWANY BINT AHMAD irwany@unimap. edu. my S 4 -L 2 -91, Unicity Alam Campus, Uni. MAP.

2 OVERVIEW Outline � INTRODUCTION TO MALAYSIAN LEGAL SYSTEM � CONTRACT LAW � LAW OF TORT � INTELLECTUAL PROPERTY LAW Objectives: � Explain the main concepts of law in Malaysia that relevant to engineering context. � Describe the basic principles of the law governing the above topics.

3 WHAT IS LAW? Source: http: //www. online‐nations. net/areas/law‐toon. html Originally laws & rules were invented to regulate social interaction in a peaceful manner.

4 DEFINITION OF LAW Oxford Dictionary: Law is the body of enacted or customary rules recognized by a community as binding. Webster‟s Dictionary: A binding custom/practice of community ~ A rule or mode of conduct or action that is prescribed or formality recognized as binding by supreme controlling authority or made obligatory by a sanction made.

5 …DEFINITION OF LAW Sir John Salmond: “the body of principles recognized and applied by the State in the administration of justice”. John Austin: “a command set by a superior being (state) to an inferior being (individual) and enforced by sanction”. Thus, law is a set of rules, developed over a long period of time that regulates interactions that people have with each other, and which sets standards of conduct between individuals and the government and which are enforceable through sanction.

6 LAW AND ETHICS Ethics refers to „what is right‟ and „what ought to be‟, not simply accepting „what is‟. � “A set of moral principles or values that governs the conduct of an individual or a group”. It sets standards of “good” and “bad” as opposed to “right” and “wrong. ” The purpose of law is to govern the conduct of all members of society whilst ethics guides individuals in ascertaining the soundness of rules and their impact upon relationship. What is lawful conduct is not always ethical conduct. � Legal behavior is not necessarily ethical behavior i. e the law may permit something that would be ethically wrong.

7 MAJOR LEGAL SYSTEMS Civil law: based around a written codified body of laws. � A comprehensive system of rules and principles usually arranged in codes and easily accessible to citizens and jurists. Mostly in Continental Europe, Central and South America. Common law: the body of laws and procedures created by the judiciary (the judges) and applied via the doctrine of precedent. � The bulk of the law is usually found in case law, but statute is playing an increasing role. England almost all of British former colonies. Religious law: based on religion teachings.

8 CLASSIFICATION OF LAW Public Law: Govern the relationship between individuals and the state. International Law: Body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observed and consequently commonly do observed in their relations with each other. Private Law: Concerned with matters that affect the right and duties of individuals amongst themselves.

9 CLASSIFICATION OF LAW Public Law Constitutional Law (Rights of individuals in the state) ‐Supremacy of Parliament ‐Right of Citizen ‐Federal & State Power Private Law International Law Business Law To protect personal interest Law of Tort ‐ Breach of General Duty which imposed by the law, and not agreed between the parties. Criminal Law Codifies the various offences committed by individuals as against the state. ‐ ‐ ‐ Public Law Prevails between states Treaty Law of Sea Inter. Criminal Law Inter. Humanitarian Law Private Law ‐ Law governs conflict between individual. ‐ Part of municipal law

LAW IN MALAYSIA (Common Law) Federal Constitution State Law Private Law

11 MAIN SOURCES OF MALAYSIAN LAW SOURCES Written Law Federal & State Constitution Legislation Enacted By Parliament & State Assemblies Subsidiary Legislation (Other Body eg: Universities) Unwritten Law Islamic Law Principle of English Law Applicable to Local Circumstances (i) Common law (ii) Equity Judicial Decision Custom

12 COURTS AS A SOURCE OF LAW 2 basic distinctions: � Trial v Appellate courts � Civil v Criminal courts Trial courts hear case „at first instance‟ i. e to make a ruling on the issues of fact and law. Appellate courts reconsider the application of legal principles to a case already heard by a lower court. Civil courts hear those areas of law which govern the relationship between legal persons eg. contract, employment, tort. Criminal courts hear those wrongs which are sufficiently important for society to impose certain penalties on the wrongdoer.

13 MALAYSIAN COURT STRUCTUR Art. 121 (1 A) FC provides for dual justice system: Secular laws (Public and Private) Shariah laws (only applicable to Muslims)

MALAYSIAN LAW HISTOR

MALAYSIAN LAW HISTORY Before Independents Day, England Law Has been used in Federated Malay State. English law forms part of the laws in Malaysia England Law can be found in: i. Common Law ii. Equity iii. Statute Am

Contract Law in Malaysia Starting from 23 Mei 1950, All Malay States in Federated Malay State are using Contract Act 1950. In 1974, the law has been revised, and been known as Contract Act 1950(revised 1974). Starting from 1 July 1974, all state in Federated Malay State included Penang, Malacca, Singapore, Sabah And Sarawak starting to use this act. Before that they are using English Law

THE SOURCES OF CONTRACT LAW IN MALAYSIA Civil Law Ordinance 1878 has been used by Penang, Malacca And Singapore starting from 1 January 1979. (Sec. 6) Other State are using Civil Law Enactment 1937 (sec. 2) and after 1951 all Federated Malay State are using this law.

Section 3(1) & 5(1) of the civil Law Act 1956 provides that the courts shall apply the common law of England the rules of equity as administered in England on. i. Peninsular Malaysia – 7 April 1956 ii. Sabah – 1 December 1951 iii. Sarawak – 12 December 1949

Decided Cases Jamil Bin Harun v. Yang Kamsiah & Anor [1984] 1 MLJ 217. Privy Council held that it was for the courts in Malaysia to decide, subject always to the statute law of Federation, whether to follow English Law. Commonwealth Of Australia v. Mildford (Malaysia) Sdn Bhd & Anor (1990) 1 MLJ. 475. Court held that the development of common law after 1956 may well be applicable in Malaysia.

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