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Chapter 1 Malysian Legal System

A) Nature of law
1) Laws like morality , designed to control our behavior
- unlike morality, enforced by courts; may force to pay fine, damages, go to prison
if break the law
2) Oxford dictionary, law - body of enacted or customary rules recognized by a
community as binding.
3) Jurisprudence by Sir John Salmond, law the body of principles recognized and applied by the state in the
administration of justice.
In short, law - a body of rules which are enforced by the state.
B) Classification of law
i) Public Law
Public law deals with matters that affect society as a whole.
E.g: criminal, constitutional and administrative law. - that deal with the relationship
between the individual and the state.
i) Private Law
Deals with the relationships between individuals to settle private disputes
Private suits = civil suits.
ii)International Law
International laws prevail between States.
International law - a body of law composed for greater part of principles and rules of
conduct with the States feel themselves bound to observe and consequently commonly
observe in their relationships with each other.
C) Sources of Malaysian law legal sources - Legal rules that make up the law in
Malaysia.
i) The written law - Most important source of law.
1) The Federal Constitution - supreme law of the country.
The rights in the constitution can be changed by a two-third majority of the total
members of the legislature
2) Legislation - law enacted by a body constituted for a purpose.

In Malaysia, laws are legislated by parliament at Federal level and by various


State Legislative Assemblies at state level.
Laws enacted by Parliament are called Acts.
Parliament and the State Legislatures are not supreme. They enact laws subject to the
provisions set out by Federal and State Constitutions.
3) Subsidiary Legislation
Interpretation Act 1967, defines subsidiary legislation as any statement, rule,
regulation, order, notification, by-law or other instrument made under any Ordinance,
Enactment or other lawful authority and having legislative effect.
As State legislation is insufficient to provide the laws required to govern everyday
matters,
Subsidiary legislation is
- as important as legislation by Parliament.
- enacted by Yang di-Pertuan Agong, Ministers and local authorities
ii) Unwritten Law
Part of Malaysian law which is not written - not enacted by parliament or in Federal &
State Constitutions.
Found in cases decided by courts, local customs, etc.
1) Principles of English Law applicable to local circumstances;
2) Judicial Decisions of the superior courts;
3) Customs of local inhabitants.
1) English law
- forms part of the laws of Malaysia.
- found in the English common law & rules of equity.
Application of law of England throughout Malaysia is subject to two limitations:
i) applied in the absence of local statutes on the particular subjects;
ii) only the part that is suited to local circumstances will be applied.
2) Judicial decisions
Malaysian law can be found in the judicial decisions of the High court, Court of Appeal
and Federal Court .
Judges do not decide cases arbitrarily, but follow accepted principles (precedents decisions made by judges previously in similar situations).

3) Customs
Local customs that was accepted as law by the courts in Malaysia.
Generally relate to family law i.e. marriage, divorce and inheritance are given legal force
by Malaysia Court

D) Malaysian Judicial Structure


The federal constitution provides power that is exercised by the Legislative, Executive
and Judiciary.
The judiciary - power to hear and determine civil & criminal matters.
The court system:
Superior courts: High Court, Court of Appeal, Federal Court;
Subordinate Courts: Magistrate Court, Sessions Courts
a) Subordinate courts
1) Magistrate Court :- deals with minor civil and criminal cases.
i) Second Class Magistrate:
Hearing: All offences where max sentence not exceed 12 months imprisonment or with
fine only.
Sentencing: Impose a term of imprisonment not exceeding 6 months or fine not
exceeding RM 1,000.
Civil: Try all actions and suits of a civil nature where plaintiff seeks to recover a debt or
liquidated demand not exceeding RM10,000 in money payable by the defendant
ii) First Class Magistrate:
Hearing: All cases where max sentence not exceed 10 yrs imprisonment or with fine
only, also offences under s.392 (robbery) and s.457 (housebreaking by night).
Sentencing: Imprisonment 5 years max, fine RM 10,000 max, whipping 12 strokes max.
Civil: Amount in dispute/ value of the subject matter below RM 100,000
2) Sessions Courts :
Hearing: All cases EXCEPT those punishable with death
Sentencing: Any sentence EXCEPT death penalty
Civil: General: Amount in dispute/value of the subject matter from RM 100,000 to
RM1,000,000.
Special: Unlimited monetary jurisdiction to try all actions & suits of a civil
nature

(e.g: motor vehicle accidents; landlord and tenant disputes and distress
proceedings.)
b) Superior courts
i) High Court :
Two High Courts of co-ordinate (equal) jurisdiction and status;
- High Court in Malaya for Peninsular Malaysia
- High Court of Sabah and Sarawak.
3 types of jurisdictions vested in the High Court:Original Jurisdiction; Appellate Jurisdiction; and Revisionary & Supervisory
Jurisdiction.
a) Original
Criminal : S.22 - hear all criminal cases and pass any sentence. But, in practice hear
cases which the sessions courts have no jurisdiction.
Civil : General: S.23 - hear all civil cases & has unlimited monetary jurisdiction.
However, in practice hear cases where the claim exceeds RM1,000,000.
Special: S.24 (1) divorce, bankruptcy, admiralty, guardian, probate
b)Appellate : S.26 & S.27 - hears all civil and criminal appeals from the subordinate
courts.
c) Revisionary & Supervisory : S.31 & S.32
- power to revise criminal proceedings in subordinate courts
- to call for & examine the record of any civil proceedings before such court satisfy itself
as to the correctness, legality/ propriety of any decision recorded/passed, and as to the
regularity of any proceedings of any such subordinate court.
ii) Court of Appeal
- headed by President of the Court of Appeal.
Civil : hear and determine any appeal for cases where the amount or value of the
subject-matter of the claim is not less than RM 250,000
Criminal: hear and determine any appeal against any High Court decision
iii) Federal Court :
- Highest court in Malaysia.
- Consist of Chief Justice, the President of the Court of Appeal, the Chief Judge of Malaya
and the Chief Judge of Sabah and Sarawak, and six Federal Court Judges.

- hear disputes on any matter between any state and the federal government.
- hear civil & criminal appeals from the Court of Appeal.
c) Special courts
i) Young offenders Courts :
The Malaysia Child Act, a consolidation of 3 previous laws on issues relating to child
protection and juvenile justice,
e.g: Juvenile Courts Act, Women and Young Girls Protection Act and Child Protection Act.

Hear, determine or dispose of any charge against a child. Comprises of a Magistrate and
2 advisers. Jurisdiction: Hear all offences except offences punishable with death.
S.91-97- if a child is found guilty of an offence, he shall not be imprisoned, but may
sent to an approved school or released on bail. For capital offences, detain of the child
in prison is at the pleasure of the Yang di-Pertuan Agong or Ruler.
ii) The Industrial Court :
Industrial court & Special Commissioners of Income Tax- Provide specialized
adjudication of disputes of a technical character, tribunals,
- Established under the Industrial Relations Act, and deals with trade disputes.
- Consists of a President appointed by the Yang di-Pertuan and a panel appointed by the
Minister of Law.
- Jurisdiction : trade disputes and dismissal of a workman who is not a union member.
- Award: the decision handed down by the Court
E)Liability
legal responsibility, the counterpart to legal right.
- A situation where a person is legally responsible for a breach of an obligation imposed
by law.
- May arise due to operation of civil or criminal law.
a) Contractual liability- Arise during a breach of a legally enforceable agreement entered into by two or
persons/parties.
- Can be in the form of products liability (defective product/ goods that injured
consumers and others ).
b) Tortuous liability-

- Arise during a breach of a duty imposed by law. e.g. breach of duty of care owed
by one person to another.
- Law of tort seeks to compensate the victims of certain forms of harmful conduct by
an award of damage or an injunction which prevents the harm from reoccurring.
- Can take form in the context of vicarious liability (one person being liable for the harm
caused by another) and strict liability (liability imposed on the defendant without any
proof of his fault).
c) Criminal liability- Arises due to a criminal act committed by an individual.
A crime is an offence against the State. Hence, criminal law is distinctive for the
uniquely serious potential consequences of failure to abide by its rules. Capital
punishment is imposed for the most serious crimes with physical or corporal
punishment - whipping or caning, (prohibited in some parts of the world)
- can be in the form of strict liability offences ( mens rea is not required in the
commission of such an offence )
Chapter 2 - Contract law
1) Contract - a legally binding agreement between two parties.
- regulated by the Contracts Act 1950.
If Contracts Act or Malaysian decided cases does not dealt on the law of contract subject
sufficiently or not at all, then the English law may be applied
Essential elements or pre-requisites of a valid contract are:
1.
2.
3.
4.
5.

Offer
Acceptance
Intention to create legal relations
consideration
Capacity

A) Offer & acceptance


- An agreement is the presence of offer and acceptance.
Section 2(a): when one person signifies to another his willingness to do or to abstain
from doing anything, with a view to obtaining the assent of that other to such act or
abstinence, he is said to make a proposal.
offer = proposal. Only the person to whom the proposal is made can accept the
proposal.
promisor = proposer = offeror.
promisee = acceptor = offeree.

- Can be oral or written, or implied from the conduct (behaviour) of the parties or from
the circumstances concerned, as they can be express or implied.
Section 9:So far as the proposal or acceptance of any promise is made in words, the
promise is said to be express. So far as the proposal or acceptance is made otherwise
than in words, the promise is said to be implied.
- can be made to an individual or to a large number of people. It must be a definite
promise where offeror intends to be legally bound by the terms stated.
Carlill v Carbolic Smoke Ball Co. (1892) : The court held that the advertisement
was an offer to the world at large, and Mrs. Carlill had accepted the offer by purchasing
and taking the remedy.
B) Invitation to treat
For goods on display in a shop or supermarket, the law decided that the customer is
who makes the offer by taking the goods and placing them on the counter, and the
shopkeeper or cashier accepts the offer by accepting the customers money.
- The price displayed is not the offer but an invitation for customer to make
an offer
- The law gives the shopkeeper or cashier the right to accept or reject a customers
offer.
Pharmaceutical Society of Great Britain v Boots Cash chemist Ltd. ( display of
goods)
The court held that the display of goods was not an offer but an invitation to treat. It
was the customer who made the offer and Boots could either accept or reject this offer
(in the presence of the qualified pharmacist). The act of constituting the acceptance is
the counting the price by the cashier and at that moment a binding contract of sale is
made.
Partridge v Crittenden (ads)
The high court decided that the advertisement was not an offer but an invitation to
treat. However, the advertisements under the category of unilateral contracts are
considered as offers, not invitations to treat.
Harvela Investments v Royal Trust of Canada ( bids)
The defendants were bound to accept the highest bid, the referential bid did not have
a fixed amount attached to it and as such could not be accepted or even submitted
Blackpool & Fylde Aero Club v Blackpool Borough Council (application form)
Court of Appeal found invitation to tender was an offer to consider any tender which
was submitted as required and tenders correctly submitted would be acceptance of that
offer

Fisher v Bell (1959) ( Illegal Sale)


The display of knife in the window is an invitation to treat, . It is in no sense an offer
for sale the acceptance of which constitutes a contract even if the knife is illegal to sell.

C) Acceptance
Section 2(b) : when the person to whom the proposal is made signifies his assent
thereto, the proposal is said to be accepted; a proposal, when accepted, becomes a
promise.
- Unconditional consent to the terms of the offer, a final and unqualified acceptance
of the terms of an offer.
If the acceptance contains any reservations, variations to the terms of the offer, etc,
then the acceptance will be conditional. And since it is not unconditional, it is not an
acceptance but a new offer or COUNTER OFFER.
General rule - an acceptance must be communicated to the offeror. A mere silent cannot
amount to acceptance, unless it is absolutely clear acceptance was intended.
Entores v Miles Far East Corp Lord Denning stated that acceptance must be communicated by offeree or someone
authorised by offeree. If someone accepts on behalf of the offeree w/o
authorisation, this will not be a valid acceptance.
Powell v Lee - the court stated that the offeror cannot impose a contract on the
offeree against his wishes by deeming that his silence should amount to an acceptance
The Postal Rule - ONLY applies when the acceptance is sent by post.
As acceptance by post has been requested or an appropriate and reasonable means of
communication between the parties existed, then acceptance is complete as soon
as the letter is posted, even if the letter is delayed, destroyed or lost in the post so
that it never reaches the offeror.
Adams v Lindsell
The court held that acceptance took effect when the letter was posted. It is Lindsell
delay that was default; hence Lindsell has to provide the Adam the wools for sale,
D) Revocation of Offer/Acceptance
Section 5 : A proposal may be revoked at any time before the communication of its
acceptance is complete as against the proposer, but not afterwards.

Section 6(a) : An offer may be withdrawn at any time before acceptance is complete
In general, an offer terminates:

When rejected by the offeree.


When the offeree made a counter-offer.
On the death of either the offeror or the offeree before acceptance.
By not accepted within the time stipulated for acceptance, or within a
reasonable time.
When revoked before acceptance.

E) Genuine Intention to Create Legal Relations


Agreement becomes contract when there is a genuine intention to create legal relations
with legal implication. When the parties bound, they must have an agreement to infer
an intention for both of them to be bound immediately
If A and B only meet up, and an agreement is made without intending that there will be
legal consequences if A or B does not turn. Hence It is merely a social agreement,
and not a contract.
Rose and Frank Co. v Crompton (1925),
A written agreement between parties stipulated that it was not a formal or legal
document and should not be subject to the legal jurisdiction of the court. The House of
Lords held that the agreement had no legal effect.
Parties usually engage in negotiation before settle in an agreement. During negotiation,
they do not intend to be legally bound yet. When the parties include the words subject
to contract, it means that agreement about to be reached still needs further
deliberation, Hence the parties are not ready to be legally bound and there is no
contract yet.
Balfour v Balfour (1919). It was held that there was no contract because the parties
did not intend to create a legal relationship. The husband does not have to pay his wife
for that
Merrit v Merrit (1970)
The Court of Appeal distinguished the case of Balfour v Balfour on the grounds that the
parties were separated and considered that they do intend to be bound by their
agreements. The binding written agreement signed was further evidence of an intention
to be bound.
F) Consideration
Section 26 - an agreement without consideration is void.

Section 2(d). the price in a bargain. The price need not be money, but must have a
monetary value.
Section 25 - if the consideration or any part of it is unlawful, the agreement is void.
Examples: If A buys a packet of groundnuts, the consideration which A provide is the
money, whereas the consideration moving from the shopkeeper is the packet of
groundnuts. They have each provided consideration for the business transaction. (not
important)
- Need not be adequate, but sufficient and must be measurable in terms of some
economic gain or loss
Phang Swee Kim v Beh I Hock:, the Federal court held that an agreement to which
the consent of the promisor is freely given is not void merely because the consideration
is inadequate.
However if A said to B that she could have his new Mercedes in return for her
praying for him, wishing him good health, there would not be sufficient
consideration if B actually carried out the praying and wishing.
E) Capacity
Section 11: Every person is competent to contract who is of the age of majority
according to the law to which he is subject, and who is of sound mind, and is not
disqualified from contracting by any law to which he is subject.
Any person may make a contract, except the law protects certain people group (minors,
mental patients ) who has inherent weakness or disability, cannot be expected to
manage their own affairs adequately.
MINORS & UNSOUND MINDS DISQUALIFIED BY LAW
Nash v Inman (1908) : The father proved that the infant was amply supplied with
such clothes when the tailor supplied the clothes concerned. The court held that the
goods supplied were not necessaries..
Government of Malaysia v Gurcharan Singh & Ors, the court held that education
was included under necessaries.
Contracts [Amendment] Act - for scholarships or loans given by the government or a
statutory body or an educational institution, the scholarship agreement entered into
by an infant is valid.

2) Terms of contract
made up by the content of a contract
-known as clauses in written contracts
- may be express or implied.
Express terms terms stipulated by both parties in making the contract that is either
orally or in writing
Implied terms - terms not expressly stated in the contract but are deemed to be
included in the contract.
The courts can imply certain terms into the contract, reason is that the implied terms
are required by a statute like Sale of Goods Act, the Hire-Purchase Act and
the National Land Code.
The Moorcock : The court held that there was an implied term that the ground
alongside the wharf was safe at low tide since both parties knew that the ship must rest
on it. Terms may be implied from previous dealings between the parties concerned.
Hillas & Co Ltd v Arcos Ltd : The court held that the missing terms of the agreement
could be imported/implied by reference to the transactions in 1930.
Conditions terms
- an important term of the contract that goes to the root of the contract. If breached,
the injured party may repudiate (get out of) the entire contract or continue the contract
and sue for damages (compensations).
Warranties terms
A lesser term, any breach may entitles the injured party to damages, not repudiation of
the contract.
A statute states a term shall be is or is not a condition (Sales of Goods Act implied
conditions and warranties).
A term as a condition or warranty is not conclusive and is left to the court to classify
whether it has been breached, usually on the basis of the commercial importance of the
term.
Guarantee is the warranty which the manufacturer of goods gives as an offering to
replace part for free against faulty workmanship ( not important )
Poussard v Spiers and Ponds
The court held that the failure of ill-ridden Madame Poussard to perform the contract as
from the first night was a breach of condition, and the defendants were within their
rights to repudiate the contract.

Associated Metal Smelters Ltd v Tham Cheow Toh


The court held that the failure on the defendant part to supply a furnace that meet the
required temperature was a breach of condition. The plaintiff company was entitled to
treat the breach of condition as a breach of warranty [a less serious breach] and
therefore succeeded in its claim.

3) Void & illegal contracts


Section 2(g) of the Contracts Act - an agreement not enforceable by law is said to
be void
Has no legal effect at all and a court would not enforce it.
i) Unlawful Contracts are Void.
Section 24 : every agreement of which the object or consideration is unlawful is void.
object =purpose.
The consideration or object of an agreement is unlawful if is any types mentioned in
subsections 2(a) 2(e).
Parkinson v College of Ambulance
The court held that the contract was illegal ( illegally trying to obtain knighthood) and
therefore no money was recoverable.
Pearce v Brook
The court held that the contract was illegal and as the coach owner knew the purpose of
the contract ( acquiring client for a prostitute ), he could not recover the charge.
Hee Cheng v Krishnan
An agreement to sell a piece of land held under a Temporary Occupation Licence was
held to be void, because such land cannot be transferred under the law.
i) Section 26: An agreement made without consideration
- unless it is in writing and registered, or a promise to compensate for something done,
for paying a debt barred by limitation law
ii) Section 27: An agreement in restraint of marriage
iii) Section 28: An agreement in restraint of trade except if it is not to carry on
business of which goodwill is sold, or an agreement made prior to a dissolution of a
partnership or an agreement made during the continuance of a partnership
iv) Section 29: An agreement in restraint of legal proceedings, except for a
contract to refer disputes to arbitration or relating to scholarships awarded by
the Government
v) Section 30: An agreement, without certain meaning (vague), or capable of being

made certain
vi) Section 31: An agreement by way of wager
Leha Binte Jusoh v Awang Johari Bin Hashim : the Federal court held that an
agreement entered into by a minor to purchase certain lands was void.
ii) Consequences of Void or Illegal Contracts
Unenforceable
Section 66: any person who has received any advantage under a void contract must
restore the advantage, or make compensation for it to the person who has provided the
advantage.

Voidable Contracts
A contract is made by mutual agreement between parties out of their own free will. if it
is not by the free consent of one or both parties, there is no consensus ad idem
(meeting of the minds).
-May arise when unequal bargaining powers happens.
Section 14 consent is said to be free where it is not caused by one of the following:

Coercion;
Undue influence;
Fraud;
Misrepresentation;
Mistake.

Section 19 & 20: When consent to an agreement is caused by coercion, fraud or


misrepresentation, or undue influence, the agreement is a contract voidable at the
option of the party whose consent was so caused.
If contract is voidable at As option. A can force B to perform the contract but B cannot
force A to perform it. A can affirm the contract by performing his obligations under the
contract; or A can repudiate (i.e. refuse to perform) the contract, but must pay for
whatever benefit he has received under the contract.
i) Coercion
Section 15 : unlawful act done with the intention of causing the person to enter into
an agreement
Usually in the form of actual violence or threatened violence to the contracting party or
those near and dear to him or to his property.

II) Undue Influence


Section 16 : Contract is said to be induced by undue influence when one party of a
contract uses his special relationship with the other party to influence other party into
making the contract.
Where a party under suspicion stands in a fiduciary (trusted or confidential)
relationship to the other, undue influence is presumed until the party under suspicion
prove the contract is righteous and proper. Such relationships include parent-child,
solicitor-client and doctor-patient.
If there is no fiduciary relationship between parties, the party alleging undue influence
must prove there was.
Inche Noriah v Shaik Allie Bin Omar
The court held that the gift should be set aside, because there was a presumption of
undue influence raised by the relationship between the parties and the presumption
was no rebutted.

III) Misrepresentation
Before entering into a contract, two parties are involved in negotiation, during which
pre-contract statements / terms of contract made are incorporated and some not (
representations).
Representation - a pre-contract statement that induces the formation of a contract but
is not incorporated as a term of the contract.
Misrepresentation - untrue representation, hence the party misled can claim
a) Fraudulent misrepresentation - (Derry v. Peek) - when one makes
representation with intent to deceive and with the knowledge that it is false. Action for
fraudulent misrepresentation allows for a remedy of damages and revocation
b) Negligent misrepresentation - When defendant carelessly makes a
representation without reasonable basis to believe it to be true.
Hedley Byrne v Heller : The court found that a statement made negligently and was
relied upon can be actionable in contract as well as tort.
c) Innocent misrepresentation - False statement a person makes honestly believing
IV) Fraud
Section 17 : Any following acts committed by a party to a contract, with intent to
deceive another party, or to induce him to enter into the contract:

(a) Suggestion, fact, that is not true by one who does not believe it to be true;
(b) Active concealment of a fact by one having knowledge or belief of the fact;
(c) Promise without any intention of performing it;
(d) Act fitted to deceive
(e) Act or omission that is fraudulent under law.
When a person causes another to act on a false representation which the person himself
does not believe to be true, he is said to have committed a fraud.
Section 17(b) and (c). Mere silence or non-disclosure would, generally, not constitute
fraud. In certain circumstances, silence may be fraud, ( Speak now or forever hold
your peace scenario)
In fraud, the person making the representation does not believe the representation to
be true , in misrepresentation, he believe the representation to be true.

V) Mistake
Even if the contract is less favourable to one of the parties, he has no legal grounds for
terminating it
Law will not protect those who have made a bad bargain.
Section 21: Where both the parties to an agreement are under a mistake as to a
matter of fact essential to the agreement, the agreement is void.
Cooper v Phibbs :
The court held that the lease must be set aside for reason of common mistake as to the
ownership of the fishery. ( Cooper is the actual owner, Phibbs is the apparent owner )
Section 22 : A contract is not voidable because it was caused by a mistake as to any
law in force in Malaysia; but a mistake as to a law not in force in Malaysia has the same
effect as a mistake of fact.
Section 23: A contract is not voidable merely because it was caused by one of the
parties to it being under a mistake as to a matter of fact.
Section 21 & 23 together: If both parties contracted under a common mistake of
essential fact, the contract is void; but if only one party contracted under a mistake of
essential fact, the contract is valid and binding.
Discharge of Contract

- termination of a contractual obligation or liability. Contract comes to an end and


imposes no further legal responsibilities on the parties ( not bound by the contract )
A contract may be discharged in:

Performance;
Agreement;
Impossibility (or frustration);
Breach

1) Performance
A contract is discharged when both parties carry out their promises.
Section 38(1) - parties to a contract must either perform or offer to perform their
respective promises, unless such performance has been dispensed with by any law.
Section 51 - performance of any promise may be made in any manner, any time, which
the promisee prescribes or sanctions.
General rule - a party must do everything promised in the contract. Part
performance is no performance.
General rule- failure to perform or pay on time is only a breach of warranty and will
not end the contract.

Exceptions :
i) Installment contracts in which A obliged to pay B even though B partly performed his
part; A has to pay a proportionate amount of the price at that stage.
ii) A accepted partial performance by B in which A had a free choice; then A is required
to pay on a quantum meruit (reasonable sum) basis.
iii) Some action on As part has prevented B from completing the contract; B will be
entitled to a quantum meruit payment.
In some cases, time of performance is crucial; then it is a condition of the contract.
Parties can make time of performance a condition by stipulating that time shall be of the
essence of the contract.
Section 56(1)- Where time is of the essence, failure to perform within the fixed time
would render the contract voidable.
Where is not of the essence, then performance must be within a reasonable time of the
fixed date, and payment within a reasonable time of the completion of the contract.
2) Agreement

The parties can agree to terminate a contract before it has been fully performed.
Contract that has not even started( executory contract) can be terminated simply by
a new agreement of the parties to waive their respective rights under the contract.
This new agreement is a binding contract and cancels out the original contract. (the
consideration from each party is the giving up of the right to demand the other party to
perform)
If one party has performed or partly performed his part of the contract, then before this
contract is discharged, the other party who has done nothing must:

provide new consideration to compensate the performing party;


receive a discharge under seal from the performing party.

The parties may agree beforehand that occurrence of specific event would discharge the
contract.
3) Frustration
A contract is frustrated if an event occurs during the contract being agreed and being
performed, which is fault of neither party, but renders the contract legally or physically
incapable of performance in original intended form.
Section 57(2): A contract to do an act which, after the contract is made, becomes
impossible, or by reason of some event which the promisor could not prevent, unlawful,
becomes void when the act becomes impossible or unlawful.
The frustrated contract becomes void. Both parties are discharged from any further
obligations under the contract without any liability incurred towards the other party.
RELATED CASES
H.A. Berney v Tronoh Mines Ltd
The court held that the invasion of Malaya by the Japanese frustrated the performance
of the contract and there was no breach of contract by the defendant.
Re Shipton, Anderson & Co
An Act of Parliament was passed requisitioning all wheat for the government, hence the
court held that a contract for delivery of wheat was frustrated before delivery could took
place.
Taylor v Caldwell
The defendant agreed to let the plaintiff to have the use of the Old Surrey music hall for
a concert. Before the day of performance, the hall was destroyed by fire. The court held
that the contract was frustrated.

Robinson v Davison
A piano player felt ill and could not play on the appointed date. The court held that as it
was not her fault that she was unable to perform, the contract was frustrated.
Krell v Henry
The defendant hired a room to overlook the route of the procession of King Edward VIIs
coronation. The King was ill and the coronation was cancelled. The court held that the
contract was frustrated because the procession was the basis of the contract.
Herne Bay Steamboat Co v Hutton
Hutton hired a boat to follow the royal barge but the Kings illness prevented the royal
review. Hutton did not use the boat. The court held that the contract was not frustrated,
as the contract purpose was to review the fleet, which was assembled. The contract was
possible and Hutton was liable to pay damages.
Consequence of a Frustration

Contract becomes void at the date of frustration.


Person who received advantage is bound to restore or compensate.
Both parties retreat to their original position.

BREACH
Occurs when:

one party fails to perform a particular undertaking by the appointed day


one party does not or will not perform as agreed

Section 40 : When a party to a contract has refused to perform, or disabled himself


from performing his promise in its entirety, the promisee may end the contract, unless
he has signified, by words or conduct, his acquiescence in its continuance.
If one party indicates in advance of no intention of performing his obligations under the
contract, the breach is known as an anticipatory breach. The other party can start a
court action immediately, need not wait until the agreed time of performance,
REMEDIES FOR BREACH OF CONTRACT
A) TIME LIMITS
Limitation Act- no action upon a breach of contract may be brought after 6 years has
expired since the date which cause of action arose; (contracts under seal, time limit - 12
years.)

Even though the limitation period have expired (the action is time-barred), the
cause of action involving a debt may be revived by acknowledgement in writing, signed
by debtor to creditor, or by a part-payment clearly referable to the original obligation.
If cause of action involves fraud, or concealed by fraud, or based on a mistake, the time
limit will not run until the plaintiff reasonably have discovered the truth.
B) DAMAGES
A breach of contract entitles the injured party to damages to compensate him for his
loss. if no loss, no damages, other than nominal damages to reflect the fact that a
contract has been broken.
The purpose of damages is not to penalise or punish the defaulting party but to put the
injured party back where he started (possible financial means ).
Penalty clause :A clause in a contract which state a party, shall pay a higher sum of
money as compensation to the other party as default
Liquidated damages clause : If compensation specified is a genuine pre-estimate of
the probable loss which would be suffered following a breach
English law, penalty clause - void, liquidated damages - valid. In Malaysia, there is no
distinction between liquidated damages and penalties.
Section 75: Aa plaintiff is only allowed to recover a reasonable sum for breach of
contract.
If a sum to be paid in case of such breach is named, then the damages recoverable
cannot exceed that sum.
C) REMOTENESS OF DAMAGES
Section 74(2): Such compensation is not to be given for any remote and indirect loss
or damage sustained by reason of the breach.
Before claiming any damages, he must prove that the loss he suffered was direct
consequence of the breach by the other party, and was not too remote from it.
(regardless of penalty or liquidated damages).
Section 74 : Injured party may recover any loss or damage for any breach which
naturally arose in the usual course of things; or which the party knew, when the
contract is made to be resulted from the breach of the
Hadley v Baxendale
Hadleys machinery could not be operated until the new shaft was delivered, but
Baxendale was not informed of this exceptional circumstance. Delayed delivery for an
unreasonable time, as the mill was idle for a longer period than it would have been had

the shaft been delivered promptly. Hadley sued in respect of loss of profits during the
period of additional delay.
The court held that the damage was too remote and Hadleys claim failed.
Victoria Laundry v Newman Industries
Newman Industries Ltd was late in delivering a new boiler to Victorial Laundry which
cause Victorial Laundry to lost (a) normal business profits during the period of delay,
and (b) profits from dyeing contracts offered to them during the same period.
The court held (a) was recoverable as damages, but (b) too remote and not recoverable
because Newman did not know, nor as reasonable men ought to be aware of the dyeing
contracts.
illustrations of section 74 , a party may recover damages for:

expenses incurred, loss of profit as a result of the breach;


Difference between price of goods contracted for and the actual price sold for as
a result of the breach.

In an available market for the goods, the normal measure of damages is the difference
between the contract price and the market price at the time of the breach
Once the loss type is foreseeable by the defendant, he will be liable for the full extent of
it, even it is much greater than expected. The plaintiff is expected to take reasonable
steps to mitigate his loss.
D) SPECIFIC PERFORMANCE
if the injured party is more interested in getting the contract actually performed than
receiving damages for a breach.
Section 21, Specific Relief Act: High Court has a discretionary power to award a
decree of specific performance. Failure to obey an order of specific performance is a
contempt of court and the penalty is imprisonment.

Specific performance will not be awarded if:

Contract is an agreement for personal service (e.g. contract of employment)


Necessary for court supervision on the working of the contract
Contract cause undue hardship to the defendant
Terms of the contract are uncertain
Damages is adequate as a remedy
There is delay in bringing the action
There is evidence of fraud on plaintiffs part.

E) INJUNCTIONS
Interlocutory injunction -a court order prohibiting a party from doing something
Purpose - maintain status quo between parties.
Discretionary remedy and awarded if damages would be inadequate as a remedy.
Used to prevent a breach of contract for personal services,
e.g. to stop a party under an exclusive contract from contracting with another third
party.
Warner Bros. v Nelson
Bette Davies, agreed to make a film for another company although she had an exclusive
contract with the plaintiffs. The court granted the injunction to the plaintiff and
restrained the defendant from carrying out the contract with the third party.
Page One Records Ltd v Britton
The Troggs manager applied for an injunction prohibiting the group from employing
anyone else as their manager. The court held that this was a request for enforcement
of the original contract, hence rejected.

Chapter 3 LAW OF TORT


A) Tort
- a civil wrong. a wrong done to other person
- arises from breach of a duty primarily fixed by law, liability is not imposed by law
- law of tort lies in common law, no governing statute

B) Negligence unintentional tort


- carelessness of another caused other people loss, only liable if he is under a legal duty
to take care.
1.
2.
3.
4.

The defendant owes the plaintiff a duty of care;


The defendant breached his duty of care;
As a result, the plaintiff suffered damage;
The damage is not too remote.

Case 1: DONOGHUE V. STEVENSON (1932) A.C. 562


As friend alleged that she became seriously ill due to her friend ginger beer bottles
decomposed snail remains and sued the manufacturer for negligence.
Held: Although there was no contractual duty of the manufacturer towards As friend,
they owed her a duty of care that the opaque bottle should not contain noxious matter ,
he would be liable if the duty was broken
C) NEIGHBOUR PRINCIPLE
Lord Atkin in Donoghue v. Stevenson (1932) A.C. 562 - the foresight of the reasonable
man.
Neighbour - Persons who are closely and directly affected by your act that you ought to
have them in your contemplation as being so affected
Case 2: HALEY V. LONDON ELECTRICITY BOARD
The defendants did excavated a trench with protection which is sufficient for the normal
sighted persons but inadequate for the blinds. The plaintiff, who was blind, hence
suffered injury.
Held: The number of blind persons walking about the streets alone was sufficient for the
defendants to consider them and to take appropriate precautions.
C) NEGLIGENCE- Breach of Duty
The defendant must owe and breach the plaintiff a duty of care, deciding if a case is a
breach is in the dictum of Alderson B. in Blyth v. Birmingham Waterworks Co. (1856)
11Ex. 781.
BLYTH V. BIRMINGHAM WATERWORKS
Negligence is the omission to do something which a reasonable man, guided upon
those considerations which ordinarily regulate the conduct of human affairs,
would do, or doing something which a prudent and reasonable man would not
do.
REASONABLE MAN - An ordinary man without any particular skill,
Example: a passer-by who renders emergency first aid after an accident is not required
to show the skill of a qualified doctor. Whether the care that has been taken is or is not
reasonable varies with the circumstances.

3 factors to consider :
1. The magnitude of risk;
( likelihood and seriousness of the injury will be incurred)
2. The importance of the object to be obtained;
(risk and consequences of not taking it must balance. The purpose must be
sufficiently important to justify the taking of that risk, hence the defendant is not
liable.)
3. The practicability of precautions.
(risk, measure and the consideration to eliminate it must balance)
Case 3: BOLTON V. STONE [1951] A.C. 850 (1)
The plaintiff was standing on the highway adjoining to a cricket ground and was struck
by a ball the batsman hit.
Held: There is a 7 foot fence and the upward slope of the ground around the cricket
ground in the direction in which the ball was struck making the likelihood of injury in
plaintiff position so slight that the cricket club was not negligent in playing without
additional precautions like increased the height of the fence
Case 4: WATT V. HERTFORDSHIRE COUNTY COUNCIL [1954]
Watt, a fireman, injured by a heavy jack when travelling with it in a lorry not specially
equipped for carrying it. A woman is trapped under a heavy vehicle and the jack was
urgently required to save her life.
Held: The fire authorities were not negligent because the risk taken by Watt was not so
great as to prohibit the attempt to save life. If the same occurred in a commercial
enterprise, Watt could recover as the commercial end to make a profit is very different
from the human end to save life.( the existence of high risk may absorb the defendants
possible liability.)
Case 5: LATIMER v. A.E.C. [1953] A.C. 643
The occupiers did their best to eliminate the effect of the flood: slippery floor. The
plaintiff was injured and said that the occupiers should have closed down the factory.
Held: The risk of injury due to the slippery floor was not so great to justify, much less
require, so onerous a precaution as to close down the factory and hence insufficient to
warrant the factory to be shut down.
Case 6: BARNETT v. CHELSEA AND KINGSTON HOSPITAL MANAGEMENT
COMMITTEE [1969]
The plaintiffs husband went to the defendants hospital and complained of vomiting
after drinking tea. The nurse on duty telephone a doctor and the doctor said that he
should go home and consult his own doctor. The plaintiffs husband died of arsenical
poisoning.

Held: The doctor was guilty of a breach of his duty of care in falling to examine the
deceased, but this breach was not a cause of the death because, even if the deceased
is examined and treated with proper care, it would have still be impossible to save his
life. The plaintiffs claim therefore failed.
D) CONTRIBUTORY NEGLIGENCE
Section 12 of Civil Law Act 1956 (Revised 1972) stated:
Where any person suffers damage as the result partly of his own fault and partly of
the fault of any other person suffering the damage, but the damages recoverable
in respect thereof shall be reduced to such extent as the Court thinks just and
equitable having regard to the claimants share in the responsibility for the
damage.
fault = negligence, breach of statutory duty, act or omission which gives rise to a
liability in tort or the defense of contributory negligence. Examples : Riding without a
seat-belt & Taking a lift with a drunk driver
Case 7: KWEK HOW BOK v. LEE SIN KWENG [1966]
The plaintiff motorcycle rammed into the defendants taxi as it suddenly braked. The
defendant contended that the plaintiff should have kept a distance and not followed too
close to the taxi.
Held: both the plaintiff and the defendant to be equally negligent in their conduct.
E) STRICT LIABILITY
If the dangerous thing escapes, and damage was foreseeable, the owner will be liable
for all the consequences, even if he took all care, and was not negligent.
TO BE LIABLE UNDER THIS RULE

The thing causing damage must be brought onto the land, and not occur there
naturally.
- Must be foreseeable that the thing could cause damage.
- Must be an escape of the dangerous thing from the defendants land.

Case 8 : RYLANDS V. FLETCHER[1868]LR 3 HL 330


Rylands, a mill owner employed contractors to build a reservoir, playing no active role in
its construction. The contractors continue to work rather than properly blocking the
discovered improperly filled old coal. Rylands's reservoir burst after being filled and
flooded a neighbouring mine, Fletcher causing 937 damage.

Held: Under the negligence rule, the injurer is only liable when he is in negligence; an
injurer under a strict liability rule is always liable. His negligence can only be proved
by showing that he caused the damage or injury.
the person who for his own purposes brings on his lands and collects and keeps there
anything likely to do mischief if it escapes, must keep it in at his peril, and, if he
does not do so, is prima facie answerable for all the damage which is the
natural consequence of its escape".
F) Intentional torts - deliberate actions to cause personal or economic injury to
another.
G) Tort of Tresspass

Entering land in the possession of the plaintiff


Remaining upon such land
Placing or projecting any object upon it without lawful justification. ( throwing
stone to their land)

1) Trespass to person:
1. Assault :
- intentionally putting someone (plaintiff) in immediate apprehension of a battery
against him.
- nonphysical from : threatening words, gesture and manners, pointing a gun
2. Battery :
- intentional application of physical force to another person without lawful
justification
-E.g: To spit at someone, To pour water over them, To snatch a chair away as they sit
down
3. False imprisonment.
- Infliction of bodily restraint which is not authorised by the law.
- anywhere they are wrongfully deprived of their liberty to go where they please.
2) Trespass to Goods :
- wrongful physical interference with others possessions, or unauthorised touching of
someone property.
3) Trespass to land
- an unjustifiable interference with the possession of land.
-unlawful entry of a person or thing onto land or buildings in the possession of another.
H) Defence to trespass

Consent;
Self-defence;
Lawful arrest;
Parental authority;
Inevitable accident.

Chapter 4 Cyber law


Reason : absolutely complex and newly emerging legal cyberspace issues
- Term for legal issues related communications technology (cyberspace) usage, , i.e.
the Internet.
- An attempt to integrate human activity challenges on the Internet with legacy system
of laws applicable to the physical world.
- governing the use of computers and Internet
- focuses on a combination of statutory, decisional and administrative laws from the use
of the Internet
- can be criminal or civil, as crimes and civil wrongs can take place in the cyberspace.
A) Computer

Malaysian Computer Crimes Act 1997 -defined as an electronic, magnetic,


optical, electrochemical, or other data processing device, or a group of such
interconnected etc
an ideal base for cyberspace and inevitable to define computer nature from a
legal view.

B) Copyright
A legal concept enacted to gives the creator of an original work exclusive right to it for a
limited time.
A form of protection by nation laws to the authors of original works of authorship
including literary, dramatic, musical, artistic, and certain other intellectual works.
Legally one is not allowed to take someone else works and use it for their own purposes.
Rights
1. Copyright owner has the exclusive right to decide who may use the work.

2. Except for educational fair use which is permissible to use portions of copyrighted
work for educational purposes in a self-contained classroom.(not internet)
Breach of copyright
If someone exercises the owners exclusive right to reproduction, modification,
distribution, public performance and public display of his copyrighted work.

Linking to another site without consent, through hypertext links, framing, and
caching.
Web site links permit users to click their way from one web to another.

*Framing- permits viewer from framing site to view the framed site while framing site
content (advertising banners) exist on viewers computer screen.
*Caching - creation of a copy of a web site by storing data on a computer.

Case 1: Playboy Enterprises v Russ Hardenburg


Playboy sued the defendant, a bulletin board operator for copyright infringement for
posting various copyrighted images on its BBS.
Held: District court found direct infringement. The defendant has engaged in two
activities exclusively reserved for copyright owners. First, distributed and displayed
copies of Playboy photographs which hinged on defendant's policy of encouraging
subscribers to upload files onto its system. Second, making uploaded files available to
subscribers has violate the right to display. This transformed the defendants from
passive providers of space to active participants of copyright infringement
C) Computer crime
1. An illegal act that involves a computer, its systems, or its applications.
2. Any illegal act which knowledge of computer technology is essential for its
perpetration, investigation, or prosecution.
-

fraud by the manipulation of computer records;


deliberate circumvention of computer security systems;
unauthorized access to or modification of programs (hacking of data);
identity theft;
writing or spreading computer viruses or worms;
cyber stalking;
password sniffing

The jurisdictional nature of computer crime gives rise to difficult jurisdictional issues.
Case 2 R v Governor of Brixton and another, ex parte Levin
- Levin arrested for transferring $12M from customers accounts of US Citibank into his

and his accomplices accounts. Levins counsel challenged the extradition, raising
jurisdictional issue as the criminal act occurred in Russia, therefore, the proper court is
Russian court.
a) Hacking : An illegal and unauthorized intrusion into a computer system or network.
Sec 3 of the Computer Crimes Act 1997:
Unauthorised access to computer material is an offence. The intent need not be direct.
The punishment is a fine not exceeding RM50,000 or imprisonment for a term not
exceeding 5 years or to both.
b) Cracking :An illegal intrusion into a computer system or network with a intention of
causing harm.
Sec 4 & 5 of the Computer Crimes Act 1997
Unauthorised access to computer material with intent to commit or facilitate
commission of further offence. The punishment is fine not exceeding RM150,000 or
imprisonment not exceeding a term of 10 years or to both.
c) Cyber stalking- repeated harassment or threatening behavior of cyber criminal
towards the victim by using internet services, such as following the victim, making
harassing phone calls, killing the victims pet, vandalizing victims property, leaving
written messages or objects.
D) Legislation in Malaysia dealing with cyber law
i) Digital Signature Act 1997- Allows development of e-commerce by providing an avenue for secure online
transactions through use of digital signatures.
- to provide security measure and assurance to persons transacting electronically.
ii) The Telemedicine Act 1997- provide a framework to enable licensed medical practitioners to practice medicine
using audio, visual and data communications.
- any locally registered medical practitioner may practice telemedicine with the consent
of the patient.
iii) Copyright (Amendment) Act 1997
- make unauthorised transmission of copyright works over the Internet an infringement
of copyright.
- ensuring adequate protection of intellectual property rights for party of content
creation in the ICT and multimedia environment.

iv) The Computer Crimes Act 1997- create several offences relating to the misuse of computers.
- deals with unauthorised access to computer material (sec 3), unauthorised access with
intent to commit other offences (sec 4) and unauthorised modification of computer
contents (sec 5).
- to facilitate investigations for the enforcement of the Act.
e) The Communications and Multimedia Act 1998- provides regulatory framework to cater for convergence of telecommunications,
broadcasting and computing industries,
- Objective: making Malaysia a major global centre and hub for communications ,
multimedia information and content services

E) Jurisdictional issue in cyber crimes


Arises where;
(i) Wrongdoer within the country but the computer or the program, server or data is
outside the country,
(ii) Wrongdoer outside the country but the computer or program, server or data is
within the country.
Sec 4 of Multimedia Act 1998 and sec 9 of Computer Crimes Act 1997
Malaysia statutes provide for extra-territorial jurisdiction for offence either originates
in this country or is directed against computers, data or program in this
country. Difficult to detects sources of the offence and prosecuting the offender.
Case 2: Hall v LaRonde
Appellant, Blake Hall entered into a contract with Brad LaRonde that authorized
LaRonde to sell licenses for a computer software application to the general public for $1
for every license sold. Although LaRonde continued to market the application, Hall has
received no further payments due .Hall ,a resident and maintains his principal place of
business in California whileLaRonde, in New York.

LaRonde made a motion to quash service of the summons as the courts in California
have no jurisdiction, claiming that sufficient minimum contacts with California were
lacking. Hall submitted an affidavit in opposition to the motion, declared that he
contacted LaRonde by electronic mail and telephone and LaRonde responded with the
idea of integrating Hall's module with various modification. Hall made the modifications
and module was incorporated into LaRonde's retail product. The court denied Hall's
request for a continuance. The court granted LaRonde's motion to quash and
ordered the case dismissed.
F) Possible liabilities of an Internet Service Provider
Internet service providers (ISP)- organizations that have permanent connection
with the Internet and sell temporary connections to others for a fee.
- May be liable for providing avenue for breaching copyright, hosting pornographic
materials and defamation.
- If the infringer of the copyright is not readily identifiable, insolvent or too
geographically remote, the ISP can be an alternative target for copyright
infringement.
- Clear notice must be given to ISPs if anyone wants infringing materials to be taken
down and the ISP will not be liable for it, if they took reasonable steps promptly
to notify subscriber that it has removed the material.
* In Malaysia, ISPs liability for copyright infringement has not been addressed in any
legislation so far.

G) Access of pornographic materials hosted by foreign ISPs is not allowed in


Malaysiaa) Sections 292 and 293 of Malaysian Penal Code- selling, letting, distributing
pornographic materials is a crime.
b) Sections 211 and 233 of Communications and Multimedia Act 1998 - prohibits
communications of pornographic materials over the Internet. The content providers and
the service providers can be held liable for allowing the transmission and the accessing
of obscene materials.
c) Sec 7 of Printing Press and Publication Act 1984 - prohibits pornographic materials
under undesirable publication. Undesirable publication means publication of articles,
photographs, writing, sound, music and statements that is prejudicial to the order of the
society.

Note: The problem in applying the provisions is that they do not directly cover the
activity of pornography on the Internet.
H)

Meaning of domain name- Internet Protocol address (IP address)

(i) Top-level domain names e.g. .com (for commercial users), .edu (educational
institutions), .gov (government entities), etc.
(ii) Second-level domain names, first-come-first serve basis. Only one person can
have a particular second-level domain under a particular top-level name. He may select
any name while it is advisable to select carefully due to trademark conflict that occur
due to
a) cybersquatting (practice of registering trademarks as domain name in order to
extort payment for the sale of rightful owner domain name),
b) typo squatting (registering domain names that are nearly identical to the actual
domain names used by other organizations),.

Chapter 5 EMPLOYMENT LAW


1. Ninth Schedule of the Federal Constitution : employment matter is a federal and not
state matter.
2. Employment - work or service performed by an individual to the task at hand
for another person or entity in exchange for wages or other remuneration.
A seeks the service of B in providing tuition for his children on a full time basis. A
becomes the employer and B the employee and in return B expects A to pay him for
his service offered.

3. Employment law - regulates the labour market operation in general and the
employment relationship between employers and employees in particular
a) The Employment Act 1955 provides comprehensive legal frameworks that include
hiring process, suspension from work, maternity rights, layoff and wages, rest days,
hours of work, holidays.

Purpose - to ensure that no contract entered into between the employer and the
employee is no less favourable then the provisions under the Act.
Only applicable to West Malaysia.

b) Sec 2 of the Employment Act 1955 defined employee as:


any person who has entered into a contract of service to employ any other person
as an employee and includes the agent, manager or factor of such first mentioned
person
A person who works under an employer and he is usually paid salary for his work under
a contract of employment.

An employer shall provide the means of services to be performed such as a place


of work is and the tools required. Employer is a person who employs others
to work under him/her.
However they are exempted from all the key provisions relating to minimum
benefits.
Any complaints are made to the nearest Department of Labour Office. Disputes
such as unfair dismissal, under these Acts or Ordinance or not can voice their
complaint to the Industrial Relations Department.

Employment (Amendment of First Schedule) Order 2012 - Employee earning at


least between *RM2,000 and RM5,000 per month. (in terms of wages, allowances and
other cash benefits. )
c) Industrial Relations Act 1967- applicable throughout Malaysia
to regulate relations between employers and workmen/employee and their trade union,
the prevention and settlement of trade disputes.
Protect legitimate rights of employers and workmen/ employees and their trade union.

Differences Between the Employment Act and the Industrial Relations Act
I) Definition of "employee" under Employment Act:

Based on wages and type of occupation of the employee wages, do not exceed
Rm 2000 a month.
More compelling nature, concerned with monetary benefits (annual leave with pay,
sick leave with pay, maternity allowance, overtime). Failure to provide benefits is an
offence for which an employer can be prosecuted in court.
ii) Definition of "workman" under Industrial Relations Act:
Any person employed under a contract of employment without being
restricted to the amount of wages or the type of occupation.
More of persuasive nature, industrial problems are solved as far as possible through
negotiation and conciliation.
d) Occupational Safety and Health Act 1994

Provides legislative framework to secure the safety, health and welfare among all
workforce
To protect others against risks to safety or health due to activities of persons at
work.
Establish effective safety and health organisation and performance
Based on self-regulation scheme, primary responsibility is to ensure safety and
health of workers lies with those who create and work with risks .

e) Employment Contract

Agreement between the employer and the employee that governs their
relationship.
Contract where rules of contract law is applicable.
Sec 7A allows the parties to stipulate terms and conditions in the employment
agreement outside the statute if it is more favourable to the employer and
employee

Does not have to be written a.k.a letter of appointment. Implied by the fact of the
employee is working for the employer.
Case 1: American International Assurance Co Ltd v Dato Lam Peng Cheng &
Others- multiple test on a reasonable man was preferred compared to other
traditional and organisational tests
4. End of employment contract
Sec 15 deals breach of employment contract by both the employer and employee i.e.
failure to pay the employees wages by the employer, continuous absence of employee
from work.
Sec 12(2).and sec 13 - termination of employment contract without notice.

5. Contract of Service versus Contract for Service


a) Sec 2 of the Employment Act 1955, Contract of serviceAny agreement, whether oral or in writing, express or implied, where one person agrees
to employ another as an employee and the other agrees to serve his employer ,as his
employee and includes an apprenticeship contract.
- Should be in writing, for an employer to give detailed contract of employment or
letter of appointment with some important basic terms and conditions which is not
less favourable to an employee than those provided under the Act.
b) Contract for Service
An independent contractor performs an agreed task for an agreed price, e.g: taxi
driver ( not employed by passengers)
6. Legal duties and responsibilities of employers and employees
a) Employer
i) bound to pay the agreed remuneration or wages. Sec 19 :
Every employer shall pay to each of his employees not later than the seventh day
after the last day of any wage period the wages, less lawful deductions, earned by such
employee during such wage period.
ii) provide safety in the working organisation. Failure to take care will make him liable
under both the Employment Act and tort.
ii) Under the Employment Act 1955, the employer is supposed to take certain measures.
E.g: employee does not work on rest day
- Sec 59, except if he engaged in shift work for less than 30 hours period(sec 60A),
employer can grant any of day as the rest day each week, grant holiday (sec 60D);
annual leave (60E); sick leave (60F)
b) Employee
1.
2.
3.
4.
5.
6.

work in a skilful and competent manner for the benefit of the employer.
Obey reasonable and lawful command of the employer.
Keep confidential information.
Account for the money or property received in the course of employment.
Disclose relevant information to the employer.
responsibilities or duties implied in a contract of employment. Employees
obligation to: act in good faith; competently; with care; and obedient.

7. Specific grounds for terminating the service of an employee


a) Misconduct-

Concise Oxford Dictionary : improper conduct.

Case 2 : Kannan v NLFCS- misconduct in industrial employment can be dealt with


under three headings:
(i) misconduct relating to duty e.g. negligence;
(ii) misconduct relating to discipline e.g. lateness, absenteeism, smoking in a nonsmoking area, refusal to allow or follow orders/insubordination, drug and alcohol abuse,
etc;
(iii) misconduct relating to morality e.g. theft, having an affair, gambling on company
premises etc.
Case 3: Holiday Inn, Kuching v Elizabeth Lee-: Dictionary meaning of word
misconduct are: improper behaviour, intentional wrongdoing or deliberate violation of
a rule of standard of behaviour.
Art 135(2) of the Federal Constitution:
Employee can be dismissed or his service terminated for misconduct once a domestic
inquiry has establish his guilt and provided the misconduct warrants the penalty for
dismissal.
b) Breach of the contract of employment/absenteeism- ( misconduct too)
Sec 15(2) of the Employment Act 1955 - One of the most disruptive acts of
misconduct is absence without permission. The employee is deemed to have broken his
contract of service if he has continuously absent for more than two consecutive
working days without prior leave from his employer
(c) Frustration of the contract of employmentBeyond the control of the employee, he may no longer be able to work and thus fulfil his
obligations to the employer. He may want to work but not be in position to do so.
For instances:
1. Employee who requires a licence to carry out work subsequently loses that license
(driver, doctor)
2. Employee becomes seriously ill that medical experts are unable to say when or if the
employee will ever work again;
3. Employee detained by the authorities for an indefinite period i( Internal Security Act. )
(d) End of a fixed-term contract of employment-

Employees service comes to an end automatically on the date stated in the contract.
No action is required by both employer and the employee to terminate the contract.
- Such a contract can be renewed when the service of the employee is still needed
(project of employee is taking longer time to complete ).
- Fixed-term contracts cannot be used by an employer to avoid claims for unfair
dismissal. An employee on a fixed term contract can be dismissed due to poor
performance or misconduct.
(e) Constructive dismissalThe employee takes the initiative to leave his employment and dismissal is considered
to have taken place.
Industrial law - give the right of an employee to walk off the job.
Sec 14(3) of the Employment Act 1955 - An employee can terminate the contract
without notice if he is ill-treated or exposed to risk that he did not contract to undertake.
Certain behaviours from employers part can cause the employee to claim or invoke
constructive dismissal.:
1. major wage cut;
2. demotion to a lower level/post (unless for a disciplinary purpose);
3. transfers to a different location (unless clearly stated in the contract of
employment);
4. major changes of job duties;
5. humiliation of the employee;
6. forced resignation;
8. Termination benefits
Virtue of Regulation 6 of the Employment (Termination and Lay-off Benefits)
Regulations 1980, the amount of termination of lay-off benefits payment to which an
employee is entitled shall not be less than :
(i) Two years of service- 10 days wages for every year of employment;
(ii) Two years or more but less than five years-15days wages for every year of
employment;
(iii) Five years of service or more- 20days wages for every year of employment.
(sec 60 - termination, lay-off and retirement benefits)
Exception(i) employee retires pursuant to the contract of service;
(ii) employee is dismissed on the ground of misconduct;
(iii) employee voluntarily terminates his contract;

(iv) employees contract renewed and he is re-engaged with the same employer on
terms and conditions not less favourable than the previous contract;
(v) employee leaves service after receiving due notice of termination of contract without
the employers prior consent or without paying indemnity to the employer (sec 13 of the
Employment Act 1955.)

9. Wrongful dismissalIn common law, employer cannot hire and fire an employee even without
notice,
even if the employees conduct amounts to a serious breach of contract of service,
even if it is proven that there is a wrongful dismissal.
- Common law cannot force the employer to reinstate, but the court can only award
damages to compensate the loss of salary due to wrongful dismissal.
- Industrial relations legislation - To mitigate on this problem of common law
Case 4: Federal Hotel International Sdn. Bhd v KC Fong CT Mak-:
In dismissing an employee, the employer must:
- has the obligation to justify the dismissal by providing evidence of the employee
committed the offence;
- acted reasonably from the facts and adopted a reasonable procedure of inquiry before
decide to dismiss;
- acted reasonably in deciding and that the dismissal was warranted in the
circumstances of the case.
Case 5: East Asiatic Co. Bhd.v Valen Noel Yap-:
- In a remedy for wrongful dismissal, the court must consider reinstatement and its
practicability.
- In normal practice, the court has discretion in awarding a suitable remedy in a
wrongful dismissal.
10. Resolution of Disputes between an employer and an employee by:

direct negotiation;
conciliation

mediation
arbitration. (Sec 20 of the Industrial Relations Act 1967)

- handled directly by the Industrial Court and Labour Court in Malaysia.


Case 6 Cik Aniza Yaacob & Ors v Mastek Malaysia Sdn. Bhd-:
Industrial Court refused to include a foreign parent company of a wholly owned
subsidiary in Malaysia as a joint party. The applicant made an application to the High
Court to quash the decision. The High Court held that the Industrial Court had properly
followed the principles required under sec 33A and found that there was no sufficient
doubt to merit any reference to the High Court.
11. Employment law Issue
(a) Employment of womenThe Employment Act 1955 provides a special protection for female workers like
maternity issues.
Sec 34 - Women are not to be employed in any industrial or agricultural
undertaking between 10pm to 5am, nor commence work without having a rest
after working for 11 consecutive hours.
Sec 35 - Women shall not be employed in any underground working.
(b) Employment of children and young personChildren and Young Persons (Employment) Act 1966 - sets out the rules and
conditions for employing children and young persons.
A child is a person under the age of 14 and a young person between 14 and 16
years old. After the age of 16, he is considered an adult for employment purpose.
Sec 5(1)(a)- prohibit children to work between 8.00pm to 7.00am, must be given
rest of 30 minutes after 3 hours of work. Cannot work for more than 6 hours
per day.
Young person are not permitted to work between 8.00pm and 6.00am and are entitled
to a rest of 30 minutes every 4 hours. They may not work more than 7 hours a
day.
(c) Sexual harassmentUnwelcome verbal, non-verbal, visual, psychological or physical sexual nature conduct
on the reasonable grounds that the victim is placed on a condition of a sexual nature on
his employment because of his sex.
Sexual coercion is - harassment results in some consequences to the victims
employment. employment discrimination.

Sexual annoyance, second type of harassment - a demeaning and unwelcome


sexually behaviour that is offensive, hostile or intimidating to the victim, but has no
direct connection to any job benefits.
d) Trade UnionSec 2 of the Trade Unions Act 1959
- defines trade union as any temporary or permanent association or combination of
employers and employees within an organisation or occupation.
- defines collective bargain as negotiation to conclude a collective agreement. A
collective agreement is an agreement between the employers union and the
employees union, include terms and conditions of employment or relationship between
the parties.
Requires registration of trade unions and union federations, that governs composition
and membership, details their rights, powers, duties and responsibilities, etc.
Objectives:
1.
2.
3.
4.
5.

Promote industrial, social, and intellectual interests of its members;


Obtain and maintain just for its members and proper rates of remuneration;
Security of employment and reasonable hours and conditions of work;
Promote the material, social and educational welfare of the members;
Promote legislation affecting the members interests and of trade unionist in
general.

*Employees are the beneficiaries of a trade union since the union represents them by
speaking up for them
Chapter 6 LAWS PERTAINING TO ENGINEERS
A) Engineering
i) Annual Report of Accreditation Board of Engineers and Technology (ABET) :
A profession which mathematical and natural science knowledge gained by study,
experiences and practice is applied with judgments and discretion, in order for the
economically use of the materials and forces of nature for the benefits of mankind.
ii) Cambridge International English Dictionary 1998:
Individuals responsible in planning, creating and building the machines, engines,
electrical appliances, roads, bridges and transportation vehicle for the good of human
being.
B) Engineering Profession

1. Committed to their own work coupled with Continuing Professional Development


(CPD) and highest standards of professional integrity to shapes the physical
environment of society.
2. Maintain the dignity of the profession, and not led astray by commercial motives
C) Registration of Engineers Act 1967
To provide relevant provisions related to the registration of engineers and the
establishment of the Board of Engineers to bring the engineering profession to greater
heights and levels.
Registration of Engineers (Amendment) Act 2002
- stipulates all engineers including graduate engineers shall register with BEM to take up
employment as graduate engineers. Only graduate engineers from university with
recognized engineering programmes can register with the board.
- only registered Professional Engineers are entitled the abbreviation Ir. before their
name or abbreviation Pen. after their name.
D) Board of Engineers Malaysia (BEM):

A statutory body constituted under Registration of Engineers Act with Minister of


Work administrating it.
Minister may suspend the operation of the Act by notification in the gazette
and appoint Board Members and the Registrar. He has the final say on any
foreign engineers appeal who are not satisfied with the Board decision in
rejecting their applications for temporary registration or renewal.
Mooted by The Institution of Engineers, Malaysia (IEM).

Purpose -regulate the professional conduct and practice of registered engineers


in Malaysia in order to safeguard the safety and interest of the public.
Functions of BEM:
(a) Maintaining the Register : All engineers working in Malaysia, in private practice,
in Engineering Consultancy practices are required to register with the BEM. Keeps and
maintains a Register of Engineers in five Parts:
-Part A which shall particulars of Professional Engineers;
-Part B which shall particulars of Graduate Engineers;
-Part C which shall particulars of Temporary Engineers;
-Part D which shall particulars of Engineering consultancy practices;
-Part E which shall particulars of Accredited Checkers.

Requirement of a professional engineer to be licensed to practice independently :


1) Citizen or permanent resident of Malaysia;
1. Be registered as a Graduate Engineer with BEM;
2. achieved the training requirements of BEM;
3. Passed the Professional Assessment Examination (PAE) of BEM or be elected a
Corporate Member of the Institution of Engineers Malaysia (IEM);
4. Reside in Malaysia for a period of not less than six months immediately from the
date of application.
- Foreign engineers may be licensed by BEM for specific projects, and must be
sponsored by the Malaysian company carrying out the project. He must be a registered
professional engineer in his home country with minimum of 10 years experience and a
physical presence in Malaysia at least 180 days in a year.
- The license is valid only for the duration of the project.
b) Processing Application for Registration:
Sec 4(1)(b) : Examination and Qualification Committee conducts Professional
Assessment Examination (PAE) to assess the quality of experience gained by the
Graduate Engineers and their competency.
Every application for registration is scrutinised thoroughly by the Application
Committee to ensure it compliance with the Act and the policy of BEM.
- Applies restrictions on practices of bodies corporate so that engineering
consulting services provided by these bodies corporate would be done professionally for
the benefit of the client/public.

Temporary registered Professional Engineer will require:


1) Recognised qualifications for the practice of engineering as a Professional Engineer in
the country he normally practices;
2) Necessary expertise with a minimum of 10 years experience in the field of practice;
3) Physical presence is required in Malaysia for not less than 180 days in one calendar
year;
4) Employed as an engineer and has been assigned to a specific projects by a company;

5) Is sponsored by a local Professional Engineer in the company, his sponsor is required


to confirm that no local expertise is available and that local engineers attached to him is
to be trained by the TPE
c) Assessment of Academic Qualifications:
IEM joint with BEM conducts the accreditation of an engineering degree
programme for public universities
Sec 10(1)(a) of the Registration of Engineers (Amendment) Act 2002,
Accepts anyone with recognised qualification for Graduate Membership of The
Institution of Engineers, Malaysia, are recognised by the Board and shall be entitled on
application to be registered as a Graduate Engineer.
Engineering Accreditation Council (EAC)

A joint body formed under the coordination of BEM to accredit engineering degree
programmes.
To ensure consistency in accreditation,
Accepted as the 13th signatory or jurisdiction of the Washington Accord (WA)

1) All engineering programmes completed within 4 years and met EAC requirements
will be accredited in accordance to the updated & upgraded EAC Manual 2012;
2) All BEM accredited engineering programmes (graduates) will be accepted to practice
in WA signatory countries.
3) All graduates from other countries will be recognised by AEC/BEM if their universities
are in the 17 signatory countries of the WA.
The approach in delivering an EAC accredited programme follows an universally
accepted quality centric framework [Outcomes Based Education (OBE) ] as a form
of education democracy and is underpinned by Blooms Taxonomy on learning
episode for higher KSA domains.

D) Regulating the Conduct and Ethics of the Engineering Profession:


As a medium for the engineering profession to decide on matters relating to
professional conduct or ethics.
Study any matter concerning the professional conduct of registered engineers to
determine if there is a breach of professional ethics or code.

Sec 15 : Carry out investigations to establish whether there is a prima facie case
against a registered engineer for contravening the Act. May cancel the registration of
any engineer, if found:

guilty of fraud,
dishonesty or moral turpitude;
acceptance of illicit commission;
Fail to disclose to the client any vested financial interest in his dealings.

If a breach of professional ethics or code of conduct is not serious enough to warrant


suspension or cancellation of registration, appropriate action (warning, censure or
advice ) would be taken by BEM as deemed fit.
(e) Scale of Fees:
To fix the scale of fees charged by registered Professional Engineers for a professional
service.
Malaysia official scale of fees, objectives - prevent undercutting among engineering
consultants.
- maintain necessary professional input to ensure public safety.
- Difficult to enforce due to difficulties in getting evidence.
- In private practice, it is a free market with negotiation guided by the scale of fees.
(f) Continuing Professional Development (CPD):
A systematic maintenance, improvement and broadening of knowledge and skill ,
development of personal qualities for the execution of professional and technical duties
throughout the engineers working life.
Objective

maintain technical knowledge and skill (competency) to do a job.


For all engineers to stay abreast of new engineering development in their
field and changes in codes and regulations.

(g) Publication:
Publication Committee promote engineering profession through Bulletin Ingenieur
and printed materials.
The Ingenieur is BEM communication tool to disseminate information on the Board
activities, regulations, code of ethics, career development, update and guidelines and
such other news decided by the Board.
(h) Supervision of Work:

Supervise the construction work for registered engineers. The registered engineer shall
certify stages of completion including setting out, completion of foundations and
certificate of fitness for occupation.
The registered engineer has to certify

stages of completion ( setting out, completion of foundations and certificate of


fitness for occupation.)
that work is carried out according to the design, requirements of the by-laws;
construction drawings , supervision and to take full responsibility of the work.

E) Observations
i) Role of BEM in the new millennium

Through mechanism of control ( Registration of Engineers Act 1967), BEM


reclassify the engineering works, streamline the scale of fees, amend
the Registration of Engineers Act to reflect the pragmatic needs of the
engineers and the engineering industry.
Bringing engineering profession to greater heights and to project the
image of engineers in the right perspective. Strategies formulated and links
initiated with Government departments have continually assisted the
Government from municipal level to ministerial level.

(ii) The Registration of Engineers (Amendment) Act 2002


- Allows the establishment of multi-disciplinary practice. which equity holding is
controlled by the professionals ( with minimum combined 70% share holding ) while
professional engineers and/or bodies corporate providing professional engineering
services l ( minimum 10% of overall equity. )
Sec 10B of the Act: Registration of Accredited Checkers(AC) to ensure safety for
buildings on high risk areas.
An Accredited Checker shall be a BEM registered professional engineer. with, an
minimum of 10 years experience in the relevant discipline.
iii) Amendment 2007 changed sec 4(1) functions of the Board and continuing
professional development programmes to enforce the implementation of
Continuing Professional Development (CPD) and to protect profession
- Replaced the word accredit with recognise, added a new sub-clause to advise the
Government and public.
- Impose fine not exceeding RM50,000 and the suspension of the registration not
exceeding 2 years - to strengthen the penalty and the suspension period

- Sec 14A & sec 14B : Established a Disciplinary Committee to deal with the
establishment, power and conduct of proceedings of a Disciplinary Committee.
- Add further grounds to area of cancellation, removal and reinstatement. i.e. false or
negligent certification.
- Sec 17(2)- impose additional conditions to ensure engineers follow latest
developments.
Functions of the Board
- appoint a committee consisting of persons to be determined by the Board
- conduct examinations or to cause examinations to be conducted by a Board
recognised institution for the purpose of admission to the profession.
F) Code of Professional Conduct
Describes the professional behaviour of Engineers. Issues:
Code No. 24, Definition of Employer- Unless otherwise, the expression employer shall
include client.
Code No. 25, Conduct of Registered Engineer- A Registered Engineer shall order his
conduct to uphold the dignity, standing and reputation of the profession.
Code No. 26, Responsibility to Employer and Profession- A Registered Engineer
shall has responsibility to his employer and the profession shall have full regard to the
public interest
Code No. 27, Discharge of Duties- A RE shall discharge his duties with complete
fidelity, not accepting remuneration for services rendered other than from his employer
or with his employers permission.
Code No.28, Reputation of a Registered Engineer - A Registered Engineer shall
not maliciously injure or attempt to injure, directly or indirectly, the professional
reputation, prospects or business of another Registered Engineer.
Code No. 29, Canvassing and Advertisement Prohibited.
Code No. 30, A Professional Engineer in private practice should not practice with any
person whose registration has been cancelled.
Code No. 31, A salaried Registered Engineer should not compete with Professional
Engineers in private practice.

All Professional Conduct are amenable and have clear interpretation because
of its legal connotations and would be enforceable in law.
It can distinguish between legal and illegal cases as issues of morality and
philosophy would be ineffective in law and impossible to legislate.

A minimum baseline rules enforceable in law and must be observed by all


engineers registered under the Registration of Engineers Act.

Chapter 3 INTELLECTUAL PROPERTY LAW


IP rights - exclusive rights over the creations of the person minds over the use of
his/her creation for a certain period of time from unauthorized exploitation. (statutory
monopoly)
IP law - law concerns legal rights associated with creative effort or commercial
reputation and goodwill
COPYRIGHT
- Exclusive right given to the authors to protect their published or unpublished
'original works' for a certain period of time.
- Relevant statute is Copyright Act 1987, to prevent others from taking unfair
advantage of a person's creative efforts
A) Section 7(1) of the Copyright Act 1987: Works eligible for copyright protection :

literary works;
musical works
artistic works;
films
sound recordings; broadcasts.

B) Section 3 : literary works include

written works
stage performance,
works of reference (encyclopedias, dictionaries )
lectures, addresses, sermon
tables , compilations, figures or symbols whether visible or not
computer programs.

C) Subsistence of copyright
i) Originality

The meaning of 'original' does not require the work to be new or innovative but the
manner the work was created where it is originated from the author, its creator,
and that it was not copied from another work
ii) Work
For copyright to subsist in a literary, dramatic, musical or artistic work, it must qualify
as a 'work', which is determined from the amount of skill, labour or judgment which
has gone into its creation.

iii) Expression
Copyright protects expression but not ideas.
Section 7(2A) of Copyright Act 1987; " Copyright protection shall not extend to any
idea, procedures, method of operation or mathematical concepts."
iv) No provision for registration
There is no copyright registration system in Malaysia. It is automatically protected under
copyright if all the requirements under the Copyright Act 1987 has been fulfilled
v) Material form
Section 7(3) - literary, musical or artistic work shall not be eligible for copyright unless
it is written down or recorded (reduced to material form).
Material form" includes any form (whether visible or not) of storage from which the
work, derivative work, or a substantial part of the work can be reproduced
vi) Qualification;
Section 10 : Any work eligible for copyright shall be made by a qualified person
mentioned in Section 3 .
vii) Duration of protection
Lasts for the lifetime of the author plus another 50 years after his death
D) Rights granted
Section 13(1) : right to reproduce, communicate to the public, perform, distribute, and
rent.
E) Infringement
Attempt to act within the exclusive rights of the owner without the permission or
authorisation of the owner..

i) Direct Infringement
Section 36(1) : copyright is infringed by any person who does or causes others to do
without the license of the owner,.
ii) Indirect Infringement
Section 36(2)- if any person who without the consent or license of the copyright
owner, imports an article into Malaysia for the financial purpose, i.e: selling, letting for
hire, trade and offering or exposing for sale
iii) Other types of infringement
Section 36(3) - circumvention of effective technological measures used by the authors
in respect of their works without authorisation or valid licence.
Case 1 : CREATIVE PURPOSE SDN. BHD. & ANOR. v. INTEGRATED TRANS
CORPORATION SDN.BHD [1997]
The plaintiffs alleged that the defendants infringed the copyright in the software
program by reproducing the same without licence or consent and distributed
the infringing copies to the public.
Held as there is a clear infringement by the defendants.

12. GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS


15. General duties of employers and self-employed persons to their
employees.
(1) Every employer shall ensure the safety, health and welfare at work of all his
employees.
(2) The matters to which the duty extends :(a) Provision and maintenance of plant and systems of work that are practicably
safe and without risks to health;
(b) Making of arrangements for ensuring the practicable safety and absence of
risks to health in connection with the use or operation, handling, storage and
transport of plant and substances;
(c) Provision of such information, instruction training and supervision to ensure
the practicable safety and health at work of his employees
(d) Any practicable place of work under employer or self-employed person, to
ensure the maintenance of it is safe and without risks to health. The provision
and maintenance of the way of entering and leaving from it are safe and without
risks;
(e) Provision and maintenance of a working environment for his employees is
practicable, safe, without risks to health, and adequate for their welfare at work.
16. Duty to formulate safety and health policy.
Every employer and every self-employed person must prepare and revise a written
statement of his general policy with respect to the safety and health at work of his

employees , organisation and arrangements for the time being. He should show the
statement and any revision to notice all of his employees.
17. General duties of employers and self-employed persons to persons other
than their employees.
(1) Every employer and every self-employed person has to conduct his undertaking to
practicably ensure that he and others ( not his employees), who may be affected, are
not exposed to the safety or health risks thereby.
(2) Every employer and every self-employed person should give to others (not his
employees), who may be affected by the manner he conducts his undertaking, the
prescribed information on such aspects in that might affect their safety or health.
18. Duties of an occupier of a place of work to persons other than his employees.
(1) An occupier of non-domestic premises which has been made available to the
persons (not his employees) as a place of work, or a place to use a plant or
substance are safe and without risks to health, shall take practicable measures to
ensure the premises, all access thereto and egress therefrom is available for use
by persons using the premises.
(2) A person by virtue of a contract, lease, and obligation of any extent in relation to (a) the maintenance or repair of a working place or any means of access and exits
(b) the prevention of safety and health risk arise from the use of plant or substance in
working place shall be deemed to have control of the matters.
24. General duties of employees at work.
(1) It shall be the duty of every employee while at work to(a) take reasonable care for the safety and health of himself and of others who may be
affected by his acts or omissions at work;
(b) co-operate with his employer , any person in charge, requirement imposed by the
employer or person who work under this Act or any regulation in respect;
(c) wear or use at all times any protective equipment or clothing provided by the
employer for preventing risks to his safety and health
(d) comply with instruction or measure on occupational safety and health instituted by
his employer or person under this Act or any regulation in respect.
(2) A person who contravenes these provisions shall be guilty of an offence and, be
liable on conviction to a fine not-exceeding RM 1000 or to imprisonment for a term not
exceeding 3 months or to both.

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