IRBM
The Inland Revenue Board of Malaysia (IRBM) is one of the main revenue collecting agencies of the Ministry of Finance. The Department of Inland Revenue Malaysia became a board on March 1, 1996, and is now formally known as IRBM. IRBM was established in accordance with the Inland Revenue Board of Malaysia Act 1995 to give it more autonomy especially in financial and personnel management as well as to improve the quality and effectiveness of tax administration.
The agency is responsible for the overall administration of direct taxes under the following Acts :
@Income Tax Act 1967,
@Petroleum (Income Tax) Act 1967,
@Real Property Gains Tax Act 1976,
@Promotion of Investments Act 1986,
@Stamp Act 1949,
@Labuan Offshore Business Activity Tax Act 1990
Functions of the Board
To act as agent of the Government and to provide services in administering, assessing, collecting and enforcing payment of income tax, petroleum income tax, real property gains tax, estate duty, stamp duties and such other taxes as may be agreed between the Government and the Board;
@To advise the Government on matters relating to taxation and to liaise with the appropriate Ministries and statutory bodies on such matters;
@To participate in or outside Malaysia in respect of matters relating to taxation;
@To perform such other functions as are conferred on the Board by any other written law;
@May act as a collection agent for and on behalf of any body for the recovery of loans due for repayment to that body under any written law.
***(Sources from hasil.gov.my)
Fraudulent
*Made knowing that it was false.
*Without belief in its truth.
*Recklessly careless whether true or false.
*Dishonestly must be proved.
Negligent
*Injured party must prove defendant damde an actionable misrepresentation.
*The misrepresentation will be negligent unless the defendant can prove:
@He did believe misrepresentation was true.
@With reasonable grounds for such believe.
*Misrepresentation Act 1967 s.2(1)
Wholly Innocent
*Injured party must prove defendant made an actionable misrepresentation.
*The misrepresentation will be wholly innocent if the defendant can prove:
@He did believe misrepresentation was true
@With reasonable grounds for such a belief.
*Misrepresentation Act 1967 s.2(1)
*Made knowing that it was false.
*Without belief in its truth.
*Recklessly careless whether true or false.
*Dishonestly must be proved.
Negligent
*Injured party must prove defendant damde an actionable misrepresentation.
*The misrepresentation will be negligent unless the defendant can prove:
@He did believe misrepresentation was true.
@With reasonable grounds for such believe.
*Misrepresentation Act 1967 s.2(1)
Wholly Innocent
*Injured party must prove defendant made an actionable misrepresentation.
*The misrepresentation will be wholly innocent if the defendant can prove:
@He did believe misrepresentation was true
@With reasonable grounds for such a belief.
*Misrepresentation Act 1967 s.2(1)
What is Income tax?
Income tax is tax imposed on an individual/company based on their annual income. The amount or percentage of tax is calculated using the government's graduated scale, which depends on earned and unearned income of an individual.
The Inland Revenue Board levies income tax in Malaysia . This Board, which functions under the Ministry of Finance is one of the main revenue collecting agencies . It is responsible for overall administration, including assessment and collection of direct taxes, as per the Income tax Act 1967.
Sources of Income Liable to Tax
Sources of income which are liable to income tax are as follows:
@Gains and profits from trade, profession and business
@Salaries, remunerations, gains and profits from an employment
@Dividends, interests or discounts
@Rents, royalties or premiums
@Pensions, annuities or other periodic payments/li>
@Other gains or profits of an income nature not mentioned above.
Resident Individual
A resident individual is taxed on his chargeable income at graduated rates from 2% to 30% after the deduction of tax reliefs. However, an individual with chargeable income of less than RM2,500 is taxed at zero rate.
Personal Reliefs
The chargeable income of an individual resident is arrived at by deducting from his total income the following personal reliefs:
(a) Personal = RM5,000
(b) Wife = RM3,000
(c) Medical expenses of parents up to a maximum of RM5,000.
(d) Expenditure for purchase of basic support equipment for the individual, his wife, child or parent who is disabled the up to a maximum of RM5,000
(e) Unmarried children below the age of 18 = RM800 per child
The maximum relief for unmarried children (regardless of age) receiving full-time education in universities and institutions of higher education in Malaysia is four times the normal relief.
(f) Incapacitated children RM5,000 per child
(g) Contributions to the Employees Provident Fund and insurance or takaful premiums for life policies are allowed a maximum total tax relief of RM5,000. A further tax relief of RM2,000 is given for insurance or takaful premiums with respect to medical and educational purposes.
***(Source adopted from lawyerment.com.my)
Income tax is tax imposed on an individual/company based on their annual income. The amount or percentage of tax is calculated using the government's graduated scale, which depends on earned and unearned income of an individual.
The Inland Revenue Board levies income tax in Malaysia . This Board, which functions under the Ministry of Finance is one of the main revenue collecting agencies . It is responsible for overall administration, including assessment and collection of direct taxes, as per the Income tax Act 1967.
Sources of Income Liable to Tax
Sources of income which are liable to income tax are as follows:
@Gains and profits from trade, profession and business
@Salaries, remunerations, gains and profits from an employment
@Dividends, interests or discounts
@Rents, royalties or premiums
@Pensions, annuities or other periodic payments/li>
@Other gains or profits of an income nature not mentioned above.
Resident Individual
A resident individual is taxed on his chargeable income at graduated rates from 2% to 30% after the deduction of tax reliefs. However, an individual with chargeable income of less than RM2,500 is taxed at zero rate.
Personal Reliefs
The chargeable income of an individual resident is arrived at by deducting from his total income the following personal reliefs:
(a) Personal = RM5,000
(b) Wife = RM3,000
(c) Medical expenses of parents up to a maximum of RM5,000.
(d) Expenditure for purchase of basic support equipment for the individual, his wife, child or parent who is disabled the up to a maximum of RM5,000
(e) Unmarried children below the age of 18 = RM800 per child
The maximum relief for unmarried children (regardless of age) receiving full-time education in universities and institutions of higher education in Malaysia is four times the normal relief.
(f) Incapacitated children RM5,000 per child
(g) Contributions to the Employees Provident Fund and insurance or takaful premiums for life policies are allowed a maximum total tax relief of RM5,000. A further tax relief of RM2,000 is given for insurance or takaful premiums with respect to medical and educational purposes.
***(Source adopted from lawyerment.com.my)
The Latin term "uberrimae fidei" is also known as doctrine of utmost good faith is the principle that both parties entering into a contract are acting honestly towards one another and does not mislead or withhold critical information from one another. In a lending transaction, for example, the applicant must honestly disclose all financial and employment information. The lender must also act in good faith, by providing the applicant with a full list of terms and conditions.
This term is especially essential when one is involved in the insurance buying policy or applying for a loan from banks. Thats is why every time when one is involved in a contract, they have to sign their names at the bottom clarifying the truth and validity of the information provided by them during the contract. Any mislead or fake information provided in the contract will result in legal action. For example, mislead information in the Insurance policy will make the company has the right not to compensate the client.
Besides that, see also the case of Goh Chooi Leng v. Public Life Co. Ltd (1964) and case of New India Assurance v. Pang Piang Chong (1971).
This term is especially essential when one is involved in the insurance buying policy or applying for a loan from banks. Thats is why every time when one is involved in a contract, they have to sign their names at the bottom clarifying the truth and validity of the information provided by them during the contract. Any mislead or fake information provided in the contract will result in legal action. For example, mislead information in the Insurance policy will make the company has the right not to compensate the client.
Besides that, see also the case of Goh Chooi Leng v. Public Life Co. Ltd (1964) and case of New India Assurance v. Pang Piang Chong (1971).
"Caveat emptor (kah-vee-ott emptor) Latin for "let the buyer beware." This term eventually states that the the buyer buys at his/her own risk and therefore should examine and test a product himself/herself for obvious defects and imperfections.
The introduction of warranties and consumer protections have come upon the legal landscape in line with this term. This has resulted the seller held to a higher standard of disclosure than "buyer beware" and has responsibility for defects which could not be noted by casual inspection (particularly since modern devices cannot be tested except by use, and so many products are pre-packaged).
The concern of this term has made the online buying system a doubt. Since the risk of the product not working is forwarded to the buyer. In online purchasing, buyer could not inspect the goods and are given only a limited warranty. Usually the prices of online goods are cheaper as it serves as a compensation of risk undertaken by the buyer. In most developed online purchasing sites such as E-bay and Amazon this term is widely seen.
The introduction of warranties and consumer protections have come upon the legal landscape in line with this term. This has resulted the seller held to a higher standard of disclosure than "buyer beware" and has responsibility for defects which could not be noted by casual inspection (particularly since modern devices cannot be tested except by use, and so many products are pre-packaged).
The concern of this term has made the online buying system a doubt. Since the risk of the product not working is forwarded to the buyer. In online purchasing, buyer could not inspect the goods and are given only a limited warranty. Usually the prices of online goods are cheaper as it serves as a compensation of risk undertaken by the buyer. In most developed online purchasing sites such as E-bay and Amazon this term is widely seen.
"PUTRAJAYA: The Government wants to study the minimum wage mechanism so that workers are better paid in line with efforts to transit to a high-income economy. Human Resources Minister Datuk Dr S. Subramaniam said his ministry was looking at various ways practised worldwide to determine one that suits the country best." (source from Thestar Friday January 15, 2010)
In another article by NST, Dr Subramaniam revealed that there were workers still earning less than RM750 per month. He said an analysis by the Industrial Relations Department on 308 samples of collective agreements between employers and workers in 2007 found that the average minimum wage for clerical workers was RM485, technicians (RM690), and general workers (RM477) per month. He added that a study by the Malaysian Employers Federation found that unskilled workers, general workers and labourers in the electrical and electronic sectors received RM443 per month. In addition, Malaysia is ranked 59 on the Index of Economic Freedom. Generally the low wages in Malaysia does not attract locals to work in the nation which leads to a high intake of foreign workers.
The announcement of Dr Subramaniam on the increase of wages for security guards to 1100 to 1450 which over writes the Wages Council Act has given a great impact for the industry. By implementing the national minimum wage policy this will protect the employees, agency workers and also home workers. It is believed that with this, rate of unemployment of locals will be decreased. However, there are still a lot of questions on the effect of this policy on employers...
In another article by NST, Dr Subramaniam revealed that there were workers still earning less than RM750 per month. He said an analysis by the Industrial Relations Department on 308 samples of collective agreements between employers and workers in 2007 found that the average minimum wage for clerical workers was RM485, technicians (RM690), and general workers (RM477) per month. He added that a study by the Malaysian Employers Federation found that unskilled workers, general workers and labourers in the electrical and electronic sectors received RM443 per month. In addition, Malaysia is ranked 59 on the Index of Economic Freedom. Generally the low wages in Malaysia does not attract locals to work in the nation which leads to a high intake of foreign workers.
The announcement of Dr Subramaniam on the increase of wages for security guards to 1100 to 1450 which over writes the Wages Council Act has given a great impact for the industry. By implementing the national minimum wage policy this will protect the employees, agency workers and also home workers. It is believed that with this, rate of unemployment of locals will be decreased. However, there are still a lot of questions on the effect of this policy on employers...
A subsidiary corporation or company is one in which another, generally larger, corporation, known as the parent corporation, owns all or at least 50% of the shares. As the owner of the subsidiary, the parent corporation may control the activities of the subsidiary.
An example of a parent company will be IJM Corporation. Its subsidiaries company just to name a few are IJM plantation, Road Builder (M) Sdn Bhd , and IJM Properties Sdn Bhd.
Why the formation of Subsidiaries?
Subsidiaries can be formed in different ways and for various reasons. A corporation can form a subsidiary either by purchasing a controlling interest in an existing company or by creating the company itself. When a corporation acquires an existing company, forming a subsidiary can be preferable to a merger because the parent corporation can acquire a controlling interest with a smaller investment than a merger would require. In addition, the approval of the stockholders of the acquired firm is not required as it would be in the case of a merger.
When a company is purchased, the parent corporation may determine that the acquired company's name recognition in the market merits making it a subsidiary rather than merging it with the parent. A subsidiary may also produce goods or services that are completely different from those produced by the parent corporation. In that case it merging the operations are unpractical.
Corporations also create subsidiaries for the specific purpose of limiting their liability in connection with a risky new business. The parent and subsidiary remain separate legal entities, and the obligations of one are separate from those of the other. Nevertheless, if a subsidiary becomes financially insecure, the parent corporation is often sued by creditors. In some instances courts will hold the parent corporation liable, but generally the separation of corporate identities immunizes the parent corporation from financial responsibility for the subsidiary's liabilities.
Disadvantages of parent subsidiary:
One disadvantage of the parent-subsidiary relationship is the possibility of multiple taxation. Another is the duty of the parent corporation to promote the subsidiary's corporate interests, to act in its best interest, and to maintain a separate corporate identity. If the parent fails to meet these requirements, the courts will perceive the subsidiary as merely a business conduit for the parent, and the two corporations will be viewed as one entity for liability purposes.
An example of a parent company will be IJM Corporation. Its subsidiaries company just to name a few are IJM plantation, Road Builder (M) Sdn Bhd , and IJM Properties Sdn Bhd.
Why the formation of Subsidiaries?
Subsidiaries can be formed in different ways and for various reasons. A corporation can form a subsidiary either by purchasing a controlling interest in an existing company or by creating the company itself. When a corporation acquires an existing company, forming a subsidiary can be preferable to a merger because the parent corporation can acquire a controlling interest with a smaller investment than a merger would require. In addition, the approval of the stockholders of the acquired firm is not required as it would be in the case of a merger.
When a company is purchased, the parent corporation may determine that the acquired company's name recognition in the market merits making it a subsidiary rather than merging it with the parent. A subsidiary may also produce goods or services that are completely different from those produced by the parent corporation. In that case it merging the operations are unpractical.
Corporations also create subsidiaries for the specific purpose of limiting their liability in connection with a risky new business. The parent and subsidiary remain separate legal entities, and the obligations of one are separate from those of the other. Nevertheless, if a subsidiary becomes financially insecure, the parent corporation is often sued by creditors. In some instances courts will hold the parent corporation liable, but generally the separation of corporate identities immunizes the parent corporation from financial responsibility for the subsidiary's liabilities.
Disadvantages of parent subsidiary:
One disadvantage of the parent-subsidiary relationship is the possibility of multiple taxation. Another is the duty of the parent corporation to promote the subsidiary's corporate interests, to act in its best interest, and to maintain a separate corporate identity. If the parent fails to meet these requirements, the courts will perceive the subsidiary as merely a business conduit for the parent, and the two corporations will be viewed as one entity for liability purposes.
Life is full of mistakes and we often regret on what we did in the past especially when deciding on taking offers...When we are young, we often missed the chances to grab the best offer..As the human heart gets carried away, we often want the best offers and thus thinking there is a better offer from the previous offers...So...lets see how does a termination of offer works before the offer we have in hand eventually flies awayyYYy.......
Basically, an offer cannot be accepted after it has been terminated. An offer of a bilateral contract can be revoked at any time before it is accepted. The revocation will be effective from the time when it is received by the offeree. In all but exceptional cases it is not possible to revoke an offer of a unilateral contract once the offeree has begun to accept by performing the act requested. An offeree who rejects an offer will not subsequently be able to accept it. If no time limit is stipulated then an offer will remain open for a reasonable time. If no consideration is given for keeping an offer open then it can be revoked at any time, even if the offer was stipulated as being open for a particular time.
In conclusion, it is wise to think properly when we have an offer...Accepting an unsatisfied offer is eventually a pain but Life is about the future and there is no point regretting about the past =) What we are today, are the works of our past...
Basically, an offer cannot be accepted after it has been terminated. An offer of a bilateral contract can be revoked at any time before it is accepted. The revocation will be effective from the time when it is received by the offeree. In all but exceptional cases it is not possible to revoke an offer of a unilateral contract once the offeree has begun to accept by performing the act requested. An offeree who rejects an offer will not subsequently be able to accept it. If no time limit is stipulated then an offer will remain open for a reasonable time. If no consideration is given for keeping an offer open then it can be revoked at any time, even if the offer was stipulated as being open for a particular time.
In conclusion, it is wise to think properly when we have an offer...Accepting an unsatisfied offer is eventually a pain but Life is about the future and there is no point regretting about the past =) What we are today, are the works of our past...
A contract can be discharged by breaching a contract. There are four remedies for breach of contract, which are damages, specific performance, injunction and quantum meruit. Lets see what is the contents of these remedies:
Damages
Any breach of contract will entitle the injured party to damages. However, if the injured party has suffered no real loss these damages will be nominal say rm 5, any costs may not be recoverable. The primary purpose of contract damages is to put the injured party in the financial position he would have been in if the contract had been properly performed. Two steps are necessary to achieve this. First, it must be asked whether or not the loss it too remote for damages in respect of it to be recoverable at all. Then, if the loss is not too remote, damages must be quantified.See the case of Victorial Laundry v Newman Industries[1949]
Specific Performance
Specific performance is a court order requiring a person to perform his contract. If the party disobey this order he will be in contempt of court. For example, if A agrees to sell a painting to B but then refuces to hand it over, a decree of specific performance would order A to hand the paiting over. If A still refused to do so, he would be in contempt of court and would be liable to a fine or imprisonment. However, a party will not be protected against specific performance merely because he has made a bad deal. As long as the other party behaved fairly specific performance can be ordered. See the case of Mountford v Scott(1975).
Injunction
It is a court order requiring a person to do or not to do a certain thing. A person who refuses to obey an injunction will be in contempt of court. The granting of an injunction, to prevent an action which would be deliberately cause a breach of contract, is an equitable remedy for breach of contract. It is, however not ordered where damages would be an adequate remedy.See the case of Page one records ltd v Britton [1968].
Quantum Meriut
A party to a contract may occasionally claim for payment on a quantum meruit. Such a claim will be for work done, paying the amount that is deserved. A quantum meriut can only be claimed in the following circumstances:
@if the other party prevented completion of the contract.
@work has been done and accepted under a void or partially performed contract
@contract did not expressly provide what the remuneration should be.
If it were not for the possibility of a claim on a quamtum meriut one of the parties to the contract might be unjustly enriched.
Damages
Any breach of contract will entitle the injured party to damages. However, if the injured party has suffered no real loss these damages will be nominal say rm 5, any costs may not be recoverable. The primary purpose of contract damages is to put the injured party in the financial position he would have been in if the contract had been properly performed. Two steps are necessary to achieve this. First, it must be asked whether or not the loss it too remote for damages in respect of it to be recoverable at all. Then, if the loss is not too remote, damages must be quantified.See the case of Victorial Laundry v Newman Industries[1949]
Specific Performance
Specific performance is a court order requiring a person to perform his contract. If the party disobey this order he will be in contempt of court. For example, if A agrees to sell a painting to B but then refuces to hand it over, a decree of specific performance would order A to hand the paiting over. If A still refused to do so, he would be in contempt of court and would be liable to a fine or imprisonment. However, a party will not be protected against specific performance merely because he has made a bad deal. As long as the other party behaved fairly specific performance can be ordered. See the case of Mountford v Scott(1975).
Injunction
It is a court order requiring a person to do or not to do a certain thing. A person who refuses to obey an injunction will be in contempt of court. The granting of an injunction, to prevent an action which would be deliberately cause a breach of contract, is an equitable remedy for breach of contract. It is, however not ordered where damages would be an adequate remedy.See the case of Page one records ltd v Britton [1968].
Quantum Meriut
A party to a contract may occasionally claim for payment on a quantum meruit. Such a claim will be for work done, paying the amount that is deserved. A quantum meriut can only be claimed in the following circumstances:
@if the other party prevented completion of the contract.
@work has been done and accepted under a void or partially performed contract
@contract did not expressly provide what the remuneration should be.
If it were not for the possibility of a claim on a quamtum meriut one of the parties to the contract might be unjustly enriched.
"Cyberstalking is a technologically-based “attack” on one person who has been targeted specifically for that attack for reasons of anger, revenge or control..." quoted from Alexis A. Moore in the article 'What is Cyberstalking?'.
The various forms of Cyberstalking includes:
(a)harassment, embarrassment and humiliation of the victim
(b)emptying bank accounts or other economic control such as ruining the victim's credit score
(c)harassing family, friends and employers to isolate the victim
scare tactics to instill fear and more.
(d)The term can also apply to a “traditional” stalker who uses technology to trace and locate their victim and their movements more easily (e.g. using Facebook notifications to know what party they are attending).
A true cyberstalker’s intent is to harm their intended victim using the anonymity and untraceable distance of technology. In many situations, the victims never discover the identity of the cyberstalkers who hurt them, despite their lives being completely upended by the perpetrator. In relation to domestic violence, Cyberstalking is a way to continue to maintain rigid control and instill fear into a domestic partner, even when one has already left the relationship.
Some Statistics Of This Threat!!!
(a)More than one million women and 370,000 men are stalked annually in the United States.
(b)In year 2008, 9.3 million Americans were victims of identity theft.
(c)One and a half million of those reporting identity thefts in 2004 also reported that they suffered from domestic abuse and harassment from their exes.
(d)In United States the figures show most stalkers to be male by overwhelming margins (87 percent).
The various forms of Cyberstalking includes:
(a)harassment, embarrassment and humiliation of the victim
(b)emptying bank accounts or other economic control such as ruining the victim's credit score
(c)harassing family, friends and employers to isolate the victim
scare tactics to instill fear and more.
(d)The term can also apply to a “traditional” stalker who uses technology to trace and locate their victim and their movements more easily (e.g. using Facebook notifications to know what party they are attending).
A true cyberstalker’s intent is to harm their intended victim using the anonymity and untraceable distance of technology. In many situations, the victims never discover the identity of the cyberstalkers who hurt them, despite their lives being completely upended by the perpetrator. In relation to domestic violence, Cyberstalking is a way to continue to maintain rigid control and instill fear into a domestic partner, even when one has already left the relationship.
Some Statistics Of This Threat!!!
(a)More than one million women and 370,000 men are stalked annually in the United States.
(b)In year 2008, 9.3 million Americans were victims of identity theft.
(c)One and a half million of those reporting identity thefts in 2004 also reported that they suffered from domestic abuse and harassment from their exes.
(d)In United States the figures show most stalkers to be male by overwhelming margins (87 percent).
More than 4000 cybercrime cases reported within 2 years(2007 - 2009). Chief executive officer Lieutenant-Colonel Husin Jazri said that the complaints, mostly consisted of hack threats, fraud, denial of services and other computer problems such files lost or corrupted by viruses.
For furtheR info,log into :
http://shin-nee.blogspot.com/2010_02_01_archive.html
The growth of cyber crime is a serious case and it is widely happening around the world. This threat has eventually caused a major concern to the online shopping for customers. The feeling of insecurity towards the online technology has lead them towards this.
Therefore,please be careful and aware so that your personal information is protected.Don't ever reply to unwanted emails and try to identify the email address whether it is valid or invalid. One of the precautions about the credit card will be to call back the service provider to check the validity of the email received. =)
"IF SOME DEALS ARE TOO GOOD TO BE TRUE, IT IS PROBABLY FAKE!!!" (consumerdirect.gov.uk)
For furtheR info,log into :
http://shin-nee.blogspot.com/2010_02_01_archive.html
The growth of cyber crime is a serious case and it is widely happening around the world. This threat has eventually caused a major concern to the online shopping for customers. The feeling of insecurity towards the online technology has lead them towards this.
Therefore,please be careful and aware so that your personal information is protected.Don't ever reply to unwanted emails and try to identify the email address whether it is valid or invalid. One of the precautions about the credit card will be to call back the service provider to check the validity of the email received. =)
"IF SOME DEALS ARE TOO GOOD TO BE TRUE, IT IS PROBABLY FAKE!!!" (consumerdirect.gov.uk)
It the employer terminates the contract unilaterally, with or without notice, then this amounts to a dismissal. If the employee either resigns or agrees to terminate the employment then this will generally not amount to a dismissal. However, if an employee resigns because he is told that if he does not resign he will be dismissed, this amounts to a dismissal An example can be seen in Robertson v Securicor Transport Ltd [1972], where a guard who had broke the rules by signing for a package he did not have was given the notice of resigning or sacked. He choose to resign and was held to have been unfairly dismissed. Besides that, when an employer radically and unilaterally changes the conditions of employment then this will amount to a dismissal as well.
So...what is dismissal???
An employee is said to be dismissed if :
@the employer terminates the contract with or without notice
@a fixed term contract expires
@the employee is constructively dismissed
@an employee who has been given notice by the employeer, himself gives the employer a shorter period of notice to end the contract.
Ultimately, it is up to the employee to prove that he was dismissed...
So...what is dismissal???
An employee is said to be dismissed if :
@the employer terminates the contract with or without notice
@a fixed term contract expires
@the employee is constructively dismissed
@an employee who has been given notice by the employeer, himself gives the employer a shorter period of notice to end the contract.
Ultimately, it is up to the employee to prove that he was dismissed...
Today my friends and i were talking about pregnancy and what are we going to do with it if unwanted incident really happens...Is abortion legal in Malaysia or should we carry on with having the baby? The question of how to raise the baby comes into the dilemma. Besides that what if something happens during the abortion process and the life of the patient is endangered? Can we eventually take legal action if there is any failure or dissatisfaction? There seems to be too much risks in it as there are too many women that had died at the hands of back street abortions... Sometimes, legal issues and humanity are just hard to mix around just like oil and water...It is difficult to have the best of those two terms...
Based on the Royal College of Nursing v DHSS ( 1981,HL)
Section 1(1) of the Abortion Act 1967 states that abortion is legal if only carried out by a 'registered medical practitioner'. A change in abortion methods after the Act was passed meant that the procedure was largely carried out by nurses, subject to some supervision by a doctor. The court had to decide whether abortions carried out by this procedure were legal under the Act.
The court of Appeal adopted a literal approach and held that the practice was unlawful, but the House of Lords by majority held that a purposive approach should be used and that no illegality had occurred. Lork Diplock said "The approach if the Act seems to be clear. There are two aspects of it: the first, to broaden the grounds on which an abortion may be obtained; the second is to ensure that the abortion is carried out with proper skill and in hygienic conditions."
Therefore, in the relation of the above case the abortion that is made from 'back street' or unregistered practitioners are eventually illegal and there is no action that can be taken against them...
Based on the Royal College of Nursing v DHSS ( 1981,HL)
Section 1(1) of the Abortion Act 1967 states that abortion is legal if only carried out by a 'registered medical practitioner'. A change in abortion methods after the Act was passed meant that the procedure was largely carried out by nurses, subject to some supervision by a doctor. The court had to decide whether abortions carried out by this procedure were legal under the Act.
The court of Appeal adopted a literal approach and held that the practice was unlawful, but the House of Lords by majority held that a purposive approach should be used and that no illegality had occurred. Lork Diplock said "The approach if the Act seems to be clear. There are two aspects of it: the first, to broaden the grounds on which an abortion may be obtained; the second is to ensure that the abortion is carried out with proper skill and in hygienic conditions."
Therefore, in the relation of the above case the abortion that is made from 'back street' or unregistered practitioners are eventually illegal and there is no action that can be taken against them...
In my opinion, the advantages will be it saves up a lot of time when judging a case. This is because a particular case will have an answer already if the nature of the case is similar to the past cases and therefore the conclusion should be the same. Besides that, it also prevents mistakes. The existences of a guide will prevent judges from making any mistake when making decisions. It also gives a greater certainty in the law. Overall i would say that it creates a great uniformity in the Malaysian Law system.
On the other hand, the disadvantages will be lack of relevance for the current era in my opinion. As time passes by, people might have different perception on things and past law might not be as useful now. Things that are not acceptable in the past might be accepted now. This eventually creates a scenario that the law is stick or glued to the past. What if the past judgement is wrong as there not not much technologies to support the evidence and there is now. Should the court decision be the same as the past? In addition, this doctrine somehow will limit the developments of the law. Though there will be room for law or acts to be furthere establishied but i do believe it somehow will slow down the entire process.
On the other hand, the disadvantages will be lack of relevance for the current era in my opinion. As time passes by, people might have different perception on things and past law might not be as useful now. Things that are not acceptable in the past might be accepted now. This eventually creates a scenario that the law is stick or glued to the past. What if the past judgement is wrong as there not not much technologies to support the evidence and there is now. Should the court decision be the same as the past? In addition, this doctrine somehow will limit the developments of the law. Though there will be room for law or acts to be furthere establishied but i do believe it somehow will slow down the entire process.
The Case:
Chong and Wei went shopping and decided to shop at Super Supermarket. Wei looked at the goods which were on display and decided to purchase three bottles of face cream which were on offer. She took the bottles to the counter where she paid for them. As they were leaving the supermarket, the cashier came up to them and told them that they have to return the goods. Advise Wei according to Contracts Act 1950 and relavant decided case(s).
According to the case of Pharmaceutical Society of Great Britain v. Boots Cash Chemist, displaying of goods is merely an invitation to treat and not an offer. Eventually the offer and acceptance has occur. Initially there is a display of goods by the supermarket to sell the product. This means that there is an invitation by the supermarket for Wei to purchase that product and Wei has taken it by proceeding to the counter. Then later, Wei offered to buy the product and the cashier has accepted it and received money from Wei. This proves that the offer and acceptance has already occur and this is a legal contract. Therefore, there is no legal terms that says that Wei will have to return the items.
Chong and Wei went shopping and decided to shop at Super Supermarket. Wei looked at the goods which were on display and decided to purchase three bottles of face cream which were on offer. She took the bottles to the counter where she paid for them. As they were leaving the supermarket, the cashier came up to them and told them that they have to return the goods. Advise Wei according to Contracts Act 1950 and relavant decided case(s).
According to the case of Pharmaceutical Society of Great Britain v. Boots Cash Chemist, displaying of goods is merely an invitation to treat and not an offer. Eventually the offer and acceptance has occur. Initially there is a display of goods by the supermarket to sell the product. This means that there is an invitation by the supermarket for Wei to purchase that product and Wei has taken it by proceeding to the counter. Then later, Wei offered to buy the product and the cashier has accepted it and received money from Wei. This proves that the offer and acceptance has already occur and this is a legal contract. Therefore, there is no legal terms that says that Wei will have to return the items.
Basically common law system and civil law system are used to differentiate legal systems and approaches in law. The use of the phrase ‘common law’ in this perspective refers to all those legal systems which have implemented the historic English legal system. The US in particular practices common law and many other Commonwealth and former Commonwealth countries retain a common law system including Malaysia. The phrase ‘civil law’ refers to those other jurisdictions which have adopted the European continental system of law derived essentially from ancient Roman law, but some says that is due much to the Germanic tradition.
The common difference to be made between the two systems is that the common law system liable to case-centred and hence judge-centred, permitting scope for a discretionary, practical approach to the particular problems that appear before the courts. Meanwhile, the civil law system tends to be a codified body of general abstract principles which will be in command of the implement of judicial discretion.
The common difference to be made between the two systems is that the common law system liable to case-centred and hence judge-centred, permitting scope for a discretionary, practical approach to the particular problems that appear before the courts. Meanwhile, the civil law system tends to be a codified body of general abstract principles which will be in command of the implement of judicial discretion.
For Geena's case she will be charged under the criminal division.
She has violated the section 25(1)(a) of the Identity Cards Act 2006 because possessing a false identity document with intention of using it for establishing registrable facts about herself.
In addition she has an offence under the Section 15C of the Securities Industry Act 1983 and if convicted, she can be fined a maximum of RM1mil or jailed up to 10 years for her actions of running and unregistered online investment portal scam.
She has violated the section 25(1)(a) of the Identity Cards Act 2006 because possessing a false identity document with intention of using it for establishing registrable facts about herself.
In addition she has an offence under the Section 15C of the Securities Industry Act 1983 and if convicted, she can be fined a maximum of RM1mil or jailed up to 10 years for her actions of running and unregistered online investment portal scam.
For the case of Ryan he is liable under the criminal law.
Ryan will need to make a police report within 48 hours and have the right to remain silence until court process. Until then, Ryan is not guilty until proven. As for Ryan he will be charged for inconsiderate driving under Section 65 of the RTA. The bill is defined by holding a handphone with a hand and communicating it with any person. The penalty for a first offender upon conviction in Court is a fine of up to $1,000 or a jail term of up to 6 months, or both. For a repeat offender, the penalty is a fine of up to $2,000 or a jail term of up to 1 year, or both. These penalties are similar to existing penalties for inconsiderate driving. However this is not the end of the Ryan's case as he has involved in a car accident which involves a human being and further prosecution will be judged against him.
As for the poor victim, under the Road Traffic Act 1987, victims of road accident who suffered death or personal injuries caused by negligence of drivers who did not have a valid road policy of insurance are liable to receive compensation from Bureau. So, if the victim does has his or her own insurance policy then claims can be made as well.
Ryan will need to make a police report within 48 hours and have the right to remain silence until court process. Until then, Ryan is not guilty until proven. As for Ryan he will be charged for inconsiderate driving under Section 65 of the RTA. The bill is defined by holding a handphone with a hand and communicating it with any person. The penalty for a first offender upon conviction in Court is a fine of up to $1,000 or a jail term of up to 6 months, or both. For a repeat offender, the penalty is a fine of up to $2,000 or a jail term of up to 1 year, or both. These penalties are similar to existing penalties for inconsiderate driving. However this is not the end of the Ryan's case as he has involved in a car accident which involves a human being and further prosecution will be judged against him.
As for the poor victim, under the Road Traffic Act 1987, victims of road accident who suffered death or personal injuries caused by negligence of drivers who did not have a valid road policy of insurance are liable to receive compensation from Bureau. So, if the victim does has his or her own insurance policy then claims can be made as well.
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