SYLLABUS

Nature of of law Legal sources System of the Courts The judiciary The legal profession Basic principles of Law of Contract Terms of contract Vitiating factors in a contract Discharge of a contract Remedies for breach of contract.

Assessments
Class Tests 30% (2 tests i.e. 15% each) Assignment 10% Final Examination 60% Areas to be tested/examined: - The process of law-making - The structure of the legal system - The enforcement of law - Application of law - Problem solving with legal principles

Nature of Law

Nature of Law
What is Law?

Law is assumed to have more or less universal characteristics that can be discerned through philosophical analysis.
It assumes that law possesses certain features, and it possesses them by its very nature, or essence, as law, whenever and wherever it happens to exist. Law is also a normative social practice: it purports to guide human behavior, giving rise to reasons for action. BUT it is different from moral values, rules, religion, ethics and social convention WHAT IS THE DIFFERENCE?????

Nature of Law
Moral values (e.g. honesty, courtesy/politeness, kindness) - behavioral norms from customs, traditions and family values Ethics (e.g. handling your clients case unprofessionally) a set of rules for a particular profession Law enforceable & based on the political system/public policy of the government of that particular time

Nature of Law
Natural Law vs Positive Law
Natural law - use of reason to analyze human nature and deduce binding rules of moral behavior Positive law also known as man-made law, applicable to a given political community, society, state or country

Nature of Law
Why do we need law? People have to know their scope of rights and freedom granted to them by government and must be able to demand for their rights whenever injustice takes place. For example if youre a businessman

Sources of Law
Where did law come from???

Sources of Law
THREE significant periods in Malaysian history:
1.Malacca Sultanate to spread of Islamic religion to Malacca 2. The colonial rule of British over the Malayan land 3. The independence of Malaysia

Sources of Law
Sources of Malaysian Law:

1. Written laws - laws which have been enacted in the constitution or in legislations. 1. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions i.e. common law or case law .
3. Islamic laws according to the al-Quran

Sources of Law
Written laws: 1. Federal constitution, 2. State constitutions, 3. Statute of Malaysia Legislations, and Subsidiary legislations

Sources of Law
Case laws: In situations where there is no law governing a particular circumstance, Malaysian case law may apply. If there is no Malaysian case law, English case law can be applied. There are instances where Australian, Indian, and Singaporean cases are used as persuasive authorities.