id primary secondary tertiary combine_text paragraphs
Abortion
Malaysia, [1.045]
United States, [1.041]
Acceptance, [4.052]–[4.063]
absolute and unqualified, [4.054]
case example, [4.055]
acceptor’s advantages, [4.119]
characteristics, [4.053]
communication of, [4.069]–[4.086]
completion, [4.077]
conditions unfulfilled despite, [4.075]
deeming, [4.071]
effective, determination, [4.077]
English law, [4.069], [4.070], [4.073]
general rule, [4.069]
Malaysia, [4.070]
means, [4.072]
omission, acceptance by, [4.072], [4.074]
silence, by, [4.073], [4.076]
timing, [4.078]
case, [4.079]
case analysis, [4.080], [4.081]
unilateral proposals, [4.075]
Contracts Act 1950 s 2(b), [4.052]
examples of analysis of existence, [4.006], [4.007]
mala fide, [4.098]
motive, [4.051]
necessity, [4.052]
omission, by, [4.072], [4.074]
oral contract case example, [4.057]
evidence, importance, [4.058]
postal acceptance, problems, [4.062], [4.063], [4.082]
case example, [4.078]
case analysis, [4.080], [4.081]
Contracts Act 1950 s 4(2), [4.080]–[4.082]
facts and evidence, [4.083]
limitation of rule, [4.086]
origins of rule, [4.084], [4.085]
prescribed means, [4.061]
postal acceptance, problems, [4.062], [4.063]
redundancy, [4.060]
proposal conditions, [4.054]
proposal revoked before, [4.087]
case example, [4.088]
reform
necessity, [4.124]
reason, [4.125]
requirement to make business and economic sense, [4.043]–[4.045]
case example, [4.043]
effect of not making sense, [4.045]
principle, [4.044]
revocation, [4.117]
acceptor’s advantages, [4.119]
communication, [4.118]
Contracts Act 1950 s 3, [4.121]
environment for judicial creativity, [4.122]
general rule, [4.099]
postal acceptance, [4.120]
timing, [4.117], [4.118], [4.120]
rules, [4.059]
redundancy of prescribed acceptance method, [4.060]
subject to contract, [4.065]
case examples, [4.066], [4.068]
types of contract inapplicable, [4.067]
use, [4.064]
test for, objective, [4.008]
case examples, [4.009], [4.010]
unilateral proposals, of, [4.075]
Adat. See Customary law
Advertisements, [4.029]–[4.032]
case applying principles, [4.032]
case illustrating rule, [4.030]
circulars and catalogues, whether offers or, [4.031]
invitations to treat, as, [4.029]
purpose, [4.029]
Agency. See Law of agency
Agreements
breaking, consequences, [3.019]
enforceable, elements, [3.020], [3.021]
legal action against defaulter, [3.018]
memoranda of understanding as enforceable agreement, [7.032]
ordinary and legal definitions, [3.016]
difference, importance, [3.017]
void for lack of consideration, [5.010]–[5.013]
Alternative dispute resolution, [2.085]
reformation of administration of justice, [2.084]
Attorney General
appointment by Yang Di-Pertuan Agong, [2.031]
duties, [2.031]
powers, [2.031]
role, [2.031]
Auctions, [4.033]–[4.036]
definition, [4.033]
invitation to treat or proposal, whether, [4.035]
Payne v Cave, [4.035], [4.036]
sale by, definition, [4.034]
Australia
promissory estoppel
1980s arrival and early use, [6.024]
landmark judicial decision, [6.025], [6.028]
parties’ pre-existing contractual relationship requirement obviated, [6.027]
“shield” not “sword” requirement overturned, [6.026]
unfair contract terms regulating legislation, [10.007]
Competition and Consumer Act 2010, [10.008], [10.009]
consumer, definition, [10.011]
consumer contract, definition, [10.009]
unfair term, three-limbed definition, [10.009], [10.010]
Bank(s)
banker. See Banker(s)
common law and contractual duties of reasonable care, [22.034]–[22.050]
confidential duty, [22.051]–[22.060]
definitions in statute, [22.009]
fiduciary duties, [22.020]–[22.027]
law, [22.061]
statutory provisions, [22.001]
Financial Services Act 2013, [22.002], [22.003]
undue influence, [22.020]–[22.022], [22.028]–[22.033]
what constitutes, [22.004]–[22.008]
Banker(s)
banker–customer relationship, [22.011], [22.012], [22.061]
legal relationship, [22.013]–[22.019]
definitions in statute, [22.009], [22.010]
what constitutes, [22.004], [22.005]
Business, [18.001]
companies. See Companies
ethics, [1.053]
law and morality, [1.053]
limited liability partnership. See Limited liability partnership
partnership. See Partnership
sole proprietorship. See Sole proprietorship
types, [18.002], [18.003], [19.004], [20.001]
Capacity, [7.035], [7.036], [7.055]
disqualification from contracting, [7.051]
incapacity, reimbursement for contract void for, [7.052], [7.053]
minors, [7.037], [7.041]
adults contracting with, [7.038]
case example, [7.039]
determination of minority, [7.040]
employment contracts, [7.0425], [7.043]
exceptions to inability to contract, [7.042]
legal protection, [7.038]
scholarship contracts, [7.044]
unsound mind, persons of, [7.045]
caution, critical thought and evaluation, [7.048]
sound mind, [7.045]–[7.047]
unsound mind contracting during lucidity, [7.049], [7.050]
Car park
exemption clause example, [9.001]
Civil Law Act 1956
case involving use of ss 5(1) and (2), [3.028], [3.029], [3.031]
s 3, [3.032], [3.033]
cut-off date, [3.034]
s 3(1), [3.036], [3.038]
proviso, [3.034], [3.035]
s 5(1), [3.024], [3.025]
s 5(2), [3.026]
ss 3(1), 5(1) and (2) construed together, [3.037]
Code of Conduct for Industrial Harmony 1975, [16.068], [16.074]
case example, [16.076]
legal force, [16.075]
redundancy likely, where, [16.077]
retrenchment exercise, [16.080]
retrenchment unavoidable, measures where, [16.078], [16.079]
Commerce
definition, [21.001]
Common law
contribution, operation under, [23.145], [23.146]
English, and Malaysian contract law, [3.032], [3.033]
cut-off date, [3.034]
Malaysia, in, [2.049], [2.057], [2.063]
parol evidence rule, [8.006]–[8.010]
past consideration, [5.031]–[5.034]
proposal termination, [4.112]–[4.116]
unfair contract terms in common law jurisdictions, [10.004]–[10.012]
Companies. See also Business
definition, [19.005]
formation, [19.031]
requirements, [19.032]
framework, [19.014]
incorporation. See Incorporation
law and morality, [1.054]
legal entity, as, [19.039]–[19.042]
overview, [19.001]–[19.003]
pre-incorporation contracts. See Preincorporation contracts
promoters. See Promoters
types, [19.006]
private companies, [19.012]
public companies, [19.013]
registered companies, [19.008]–[19.011]
statutory companies, [19.007]
Conditions and warranties, [8.054]–[8.058]
breach remedies, [8.066]–[8.068]
condition breach remedies, [8.066]
consequences expressly specified, [8.070]
rescission and repudiation, [8.068]
warranty breach remedies, [8.067]
condition, definition, [8.056]
condition breach, [8.056]
case examples, [8.059]–[8.061], [8.063]
remedies, [8.066]
waiver by innocent party, [8.065]
warranty breach, distinguished, [8.057]
contract repudiation, [8.057]
distinguishing between, [8.055], [8.069], [8.071]
breach consequences expressly specified, [8.070]
case example, [8.069]
classical test, [8.072], [8.073]
breach of term going to root of contract, [8.074]
importance of term to party, [8.075], [8.076]
modern test, [8.072], [8.077]
landmark judicial decision, [8.079]
seriousness of breach consequences, [8.078]–[8.081]
legal not linguistic context, [8.055]
rescission and repudiation, [8.068]
sale of goods, [21.020]–[21.023]
warranty, definition, [8.056]
warranty breach, [8.056]
case examples, [8.062]–[8.065]
condition breach, distinguished, [8.057], [8.063]
condition breach elected by party to be, [8.065]
remedies, [8.067]
Conditions precedent
proposal revocation by unfulfilled, [4.104]
burden, [4.107]
case examples, [4.105], [4.106]
statutory provisions, [4.108]
Consensus ad idem, [3.041]
Contracts Act 1950, [3.041]
foundation, [3.043]
mistake, absent where, [11.057]
Perillo, Joseph M, [3.042], [3.043]
Consent
Contracts Act 1950
free consent (s 10), [3.046], [3.049], [3.052]
consequences, [3.053]
what constitutes (s 14), [11.002]
definition, [3.046]
free consent, [3.050]
consequences, [3.053]
Contracts Act 1950 s 10, [3.046], [3.049], [3.052]
importance, [3.054]
what constitutes, [11.002]
importance to Malaysian contract law, [11.003]
inadequate consideration and, [5.048], [5.049]
no consent means no contract, [3.052]
overview, [3.046], [3.047], [11.002]
pressures, unacceptable, [3.051], [3.054]
risk, to. See Voluntary assumption of risk
Consideration. See also Promissory estoppel
adequacy. See Consideration sufficiency
agreement made without is void, [5.010]–[5.013]
case examples, [5.012], [5.013]
basic element of contract, as, [5.010]
definition
act, abstinence or promise, [5.005]
common law vs statutory definition, [5.006]
Contracts Act 1950, [5.004]
Lush J’s definition, [5.007]
Pollock’s definition, [5.008]
executed, [5.024]
Contracts Act 1950, [5.027]
contracts with executory and, [5.018]
executory, comparison, [5.025], [5.026]
executory, [5.017]
case examples, [5.020]–[5.023]
Contracts Act 1950, [5.019]
contracts with executed and, [5.018]
executed, comparison, [5.025], [5.026]
failure, total, [12.061], [12.063]
English case, [12.062]
historically, [5.010]
overview, [5.001]–[5.003], [5.075]
past, [5.015]
common law, [5.031]–[5.034]
Malaysia, in, [5.035]–[5.042]
prohibition, [5.029], [5.030]
requirement case example, [5.009]
rules governing. See Consideration rules
sufficiency. See Consideration sufficiency
total failure, [12.061], [12.063]
English case, [12.062]
types, [5.005], [5.014]
executed consideration, [5.024]–[5.027]
executory consideration, [5.017]–[5.023]
parties’ wishes as deciding factor,[5.016]
past consideration, [5.015]
Consideration rules, [5.028]
adequacy irrelevant. See Consideration sufficiency
past consideration
common law, [5.031]–[5.034]
Malaysia, in, [5.035]–[5.042]
prohibition, [5.029], [5.030]
promisee, consideration moving from
common law position, [5.073]
Malaysia, [5.074]
sufficiency requirement. See Consideration sufficiency
terms. See Terms of contract
Consideration sufficiency, [5.051]–[5.052]
forbearance to sue, [5.058]
abstinence, [5.059]
case examples, [5.058], [5.060]
proof required, [5.061]
inadequate consideration and consent, [5.048], [5.049]
inadequate consideration
immaterial, [5.045], [5.049]
case examples, [5.044], [5.047]
natural love and affection
case example, [5.057]
conditions for validity, [5.054]
Contracts Act 1950, [5.053], [5.055]
good consideration in Malaysia, [5.053]
near relations only, [5.056]
part payment of debt
common law invalidity, [5.069]
Malaysia, in
case example, [5.072]
Contracts Act 1950, [5.070]–[5.072]
promisee forgoing debt without return, [5.071]
statutory waiver, [5.070]
performance of existing duty, [5.062]
contractual duty to promisor, [5.065]
case examples, [5.065], [5.066]
existing contractual duty to third party, [5.068]
“practical benefit”, [5.067]
public duties, [5.063]
case examples, [5.063], [5.064]
requirement, [5.043]
“sufficiency” and “adequacy” of consideration, distinguished, [5.050]
value of consideration, [5.046]
inadequacy immaterial, [5.044], [5.045], [5.047], [5.049]
Constitution. See Federal Constitution
Consumer protection
complaints tribunal. See Tribunal for Consumer Claims
consumer, definition, [21.053]
e-consumer protection, [21.063]–[21.066]
overview, [21.049]–[21.062], [21.066]
unfair contract terms. See Unfair contract terms
Consumer Protection Act 1999 (CPA 1999)
Pt IIIA (unfair contracts terms), [10.021], [10.039]–[10.048]
consumer contract application only, [10.022]
inequality of bargaining power doctrine, [10.039], [10.040]
non-compliance with provisions, effect, [10.036], [10.037]
procedural and substantive unfairness, [10.025]–[10.028]
regulations, [10.038]
s 24B – provisions’ application to all contracts, [10.022]
standard form contracts, application to, [10.023]
Tribunal for Consumer Claims jurisdiction, [10.041]–[10.047]
“unconscionable, oppressive and harsh” terms undefined, [10.040]
unfair term, definition, [10.024]
unfair terms, application to all, [10.024]
Contract of service, [16.017], [16.018]
bargaining power and, [3.058]
contract for service, distinguishing, [16.019]
definition, [16.016]
judicial comment, [16.019]
minors, [7.042]
probationer. See Probationer
termination. See Termination of contract of employment
terms and conditions. See Employment terms and conditions
tests for, [16.020], [16.034]
mixed or multiple test, [16.030]–[16.038]
organisation or integration test, [16.025]–[16.029]
traditional or control test, [16.021]–[16.024]
wrongful termination, damages for, [13.009]
Contracts. See also Agreements
acceptance subject to contract, [4.064]–[4.068]
agreement made without consideration is void, [5.010]–[5.013]
bargaining power, equality, [3.055], [3.057]
consumer goods contracts, [3.059]
employment contracts, [3.058]
capacity. See Capacity
commercial contract interpretation, [4.011]
communication between parties, testing, [3.044]
competence to contract, [3.065]
competence, definition, [3.066]
conduct, made by, [3.005], [3.012]
example, [3.013]
consensus ad idem, [3.041]
Contracts Act 1950, [3.041]
foundation, [3.043]
mistake, absent where, [11.057]
Perillo, Joseph M, [3.042], [3.043]
consent. See Consent
criminal law and, [3.061], [3.062]
definition, [3.001]–[3.004], [3.067]
discharge. See Discharge
employment. See Contract of service
enforceable by law, [3.016]–[3.021]
importance of distinguishing, [3.040]
English and Malaysian law, mixture of, [3.022]–[3.038]
English authorities, rareness of reference/reliance on, [3.027]
English principles, derivation from, [3.040]
exemption clauses. See Exemption clauses
incorporation into contract. See Exemption clauses incorporated into contract
failure, [4.012]
formation. See Formation of contract
free consent. See Consent
freedom of contract under Contracts Act 1950, [3.039]–[3.066]
bargaining power. See bargaining power, equality above
competence. See competence to contract above
consent. See Consent
criticism of theory, [3.057]
inapplicability, [3.064]
interpretation UK 1872, [3.056]
meaning, [3.055]
goods. See Sale of goods
illegality, [3.061], [3.062]
legal relationship, intention to create. See Intention to create legal relationship
methods of making, [3.005]–[3.013]
communication means, [3.006]
oral contracts. See Oral contracts
orally, made, [3.005], [3.010], [3.011]
overview, [3.067]–[3.069]
partly oral and partly written contracts. See Partly oral and partly written contracts
pre-incorporation contracts. See Preincorporation contracts
pressures, unacceptable, [3.051]
presumption “all agreements are contracts”, [3.045]
remedies. See Remedies for contract
rescission and repudiation, [8.068]
sale of goods. See Sale of goods
standard form, [3.060]
subject matter of exchange, [3.014], [3.015]
terms. See Terms of contract
valid contracts, elements of, [4.001], [4.002]
evidence, [4.004]
example, [4.003]
void for illegality, [3.061], [3.062]
writing, made by, [3.005]–[3.009]
written. See Written contracts
Contracts Act 1950
1800s-era principles, [4.123]
agreement made without consideration is void, [5.010]–[5.013]
breach claims under s 40, [12.054]–[12.063]
burden of proof applicable when proving, [11.033]
balance of probabilities standard of proof, [11.033], [11.034]
exceptional circumstances, [11.035]
civil/criminal standard of proof, [11.033]
consensus ad idem, existence, [3.041]
English contract law, relation to, [3.022]
English precedent, prevalence over, [3.023]
fraud under s 17, [11.005], [11.010]–[11.025]
burden of proof applicable when proving, [11.033]–[11.035]
features, [11.009]
silence amounting to, [11.015], [11.026]–[11.032]
free consent (s 10), [3.046], [3.049], [3.052]
consequences, [3.053]
freedom of contract under, [3.039]–[3.066]
criticism of theory, [3.057]
interpretation UK 1872, [3.056]
meaning, [3.055]
Indian Contract Act 1872 as forbear to, [3.055]
presumption “all agreements are contracts”, [3.045]
reforming, [4.126], [4.127]
s 26, [5.010]–[5.013]
Contribution. See also Subrogation
common law operation, [23.145], [23.146]
conditions calling for, [23.135]
multiple indemnity policies, [23.136]
common interest, [23.142], [23.143]
common liability for loss, [23.144]
common peril, [23.139]–[23.141]
common subject matter, [23.137], [23.138]
definition, [23.130], [23.131], [24.045]
double insurance and contribution arising, [23.132]–[23.135]
overview, [23.128], [23.129], [23.147], [23.148]
principle of indemnity, [23.117]–[23.119]
takaful, [24.045]–[24.049]
Contributory negligence
apportionment of damages, [15.119]
case example, [15.118]
Malaysia, [15.120]
overview, [15.115], [15.116]
rules, [15.117]
Counter offers
case examples, [4.114], [4.115]
modification of initial proposal by proposee, [4.112], [4.113]
negotiations, common in, [4.116]
revocation, not, [4.112]
Court system
alternative methods of dispute resolution, [2.085]
Attorney General, [2.031]
contract terms implied by court, [8.094]
terms implied in fact, [8.098]
business efficacy test, [8.100]
business efficacy test case examples, [8.101], [8.102]
officious bystander test, [8.103], [8.104]
tests developed, [8.099]
terms implied in law, [8.105]
terms implied through custom and usage, [8.095]
case examples, [8.096], [8.097]
Court of Appeal, [2.081]
English legal system features retained in Malaysian system, [2.076]
High Courts of Malaya and of Sabah and Sarawak, [2.082]
independent judiciary, [2.027], [2.029]
challenge to, [2.028]
constitutional measures to ensure, [2.030]
judges
duty to act fairly, [2.060]
principal functions, [2.050]
judicial appointments, [2.030]
judicial decisions as sources of law. See Judicial decisions
judiciary subject to executive-dominated legislature, [2.028]
jurisdiction of courts, [2.078], [2.079]
overview, [2.026]
reformation of administration of justice, [2.084]
Shariah courts, [2.069], [2.070]
Special Court, [2.080]
statutory interpretation, [2.047], [2.048]
English court precedent, [2.044]
structure, [2.077]
subordinate courts, [2.083]
CPA 1999. See Consumer Protection Act 1999 (CPA 1999)
“Crimes against humanity”, [1.024]
Customary law, [2.004]
adat, [2.004]
constitutional recognition, [2.073]
contemporary waning of influence, [2.074]
ethnocentric application, [2.073]
land rights, [2.074], [2.075]
source of law, as, [2.073]–[2.075]
Damage(s), [13.001]
assessment difficulty no bar to claims, [13.005]
assessment time, [13.006]
“but for” test, [15.090], [15.092]
case example, [15.091]
case examples
distress, [13.009]
proof of damages, [13.031]
definition, [13.001]
distress etc, [13.007]
case examples, [13.009]
“eggshell skull rule”, [15.103]
case examples, [15.104]–[15.106]
Malaysian application, [15.107]
entitlement, [13.011]
liquidated damages and penalties
distinction inapplicable, [13.027], [13.028]
“genuine pre-estimate”, meaning, [13.029]
liquidated damages, [13.024]
Malaysian position, [13.026], [13.030]
penalties, [13.025]
proof of damages, [13.031]–[13.035]
mitigation, [13.019]
case examples, [13.022]–[13.023]
leading case, [13.020]
Malaysian position, [13.020]
principles, [13.019]
multiple causation, [15.093]
“but for” test inapplicable, [15.095], [15.096]
case examples, [15.094], [15.097]
negligence claim element, [15.089]
nominal damages, [13.003]
novus actus interveniens, [15.108]
break in chain of causation, [15.109]
case examples, [15.110], [15.111]
concept explained, [15.112]
judicial commentary, [15.112], [15.113]
proof of, [13.011], [13.031]–[13.035]
case examples, [13.031]
punitive or exemplary, [13.004]
real use, [13.002]
remoteness of, [13.012], [15.098]
case examples, [13.012], [13.014], [15.099]–[15.101]
Hadley v Baxendale rule, [13.015], [13.017], [13.018]
consequence of breach, [13.016], [13.016]
non-recoverable loss circumstances, [13.013]
ordinary not extraordinary loss, [13.014], [13.015]
settled law in Malaysia, [15.102]
reputation, injury to, [13.008], [13.010]
tort, in. See Damages in tort
wrongful termination of service, [13.009]
Damages in tort, [15.133]–[15.142]
common form, [15.133]
continuing trespass to land and continuing nuisance, [15.138]
defendant must take claimant as he finds him, [15.142]
judicial comment, [15.136]
no hard and fast rule, [15.137]
plaintiff’s impecuniosity, [15.141]
principles, [15.133], [15.134]
public interest, [15.136]
restitutio in integrum, [15.139], [15.140]
second claim, [15.135]
Death
revocation of proposal due to proposer’s death, [4.109]
agent proposer, [4.110]
knowledge of proposee, [4.109]
obligations only proposer can fulfil included, [4.111]
Tribunal of Consumer Claims’ lack of jurisdiction, [10.045], [10.047]
Definitions. See Words and phrases
Discharge
agreement to discharge, nature of, [12.007]–[12.011]
key element, [12.008]
proof of intention to substitute old obligations with new, [12.009]
breach, by. See Discharge by breach
case examples, [12.004], [12.005]
oral agreement difficulties, [12.010]
circumstances for, [12.011]
frustration
doctrine under Malaysian law, [12.069]–[12.072]
frustration, definition, [12.067], [12.068]
novation, variation and rescission, [12.011]
overview, [12.001]–[12.006], [12.073], [12.074]
performance, by. See Discharge by performance
Discharge by breach
anticipatory breach, [12.064]
case example, [12.066]
determination, approach to, [12.065]
breach claims under Contracts Act 1950 s 40, [12.054]
breach of contract, nature, [12.053]
acceptance of breach by innocent party, [12.060]
conditions, [12.055]
performance refused/disabled from, [12.058], [12.059]
permission by innocent party, [12.056]
repudiatory breach, [12.057]
total failure of consideration, [12.061], [12.063]
English case, [12.062]
Discharge by performance
duty to perform, [12.013]
beginning, [12.016]
binding nature of promises, [12.015]
case examples, [12.018], [12.020]
contract terms and obligations, fulfilment, [12.012]
English law approach, [12.014]
exception, [12.019]
personal performance, [12.017]
refused or disabled from, [12.021]
good faith, [12.030]–[12.032], [12.034], [12.037]
case example, [12.033]
judicial comment, [12.035], [12.036]
partial performance consequences, [12.038]–[12.043]
case examples, [12.038], [12.041]
judicial comment, [12.039]
principle of entire contract, [12.040]
progressive payments, [12.043]
quantum meruit claim, [12.042]
refusal to accept offer of performance, [12.022], [12.023]
case example, [12.024], [12.033]
offer and promise radically different, [12.025]
validity of offer, [12.026]
conditions to be fulfilled, [12.028], [12.029]
delivery, [12.029]
fair and open dealing, [12.031]
good faith, [12.030], [12.031]
unconditional offer, [12.027], [12.029]
substantial performance doctrine, [12.044]–[12.052]
conditions performed, determining, [12.046]
consequences of non- or defective performance of fundamental terms, [12.047]
case example, [12.048]
counter claim for damages from defects, [12.045]
Malaysian application, [12.049]–[12.051]
Disclaimers. See Exemption clauses
Donoghue v Stevenson, [15.006], [15.008], [15.010], [15.021]
Duty of care. See also Negligence
banks, of. See Bank’s duties of care
breach. See Duty of care breach
criteria for, [15.018]
currently, [15.018]–[15.020]
Caparo Industries plc v Dickman, [15.019]
subsequent cases, [15.020]
developments, [15.013]–[15.017]
Australian approach, [15.017]
categories, analysis/creation, [15.013]
contractor/subcontractor and employer, [15.015]
two-stage test, [15.03], [15.014], [15.016], [15.017]
Donoghue v Stevenson, [15.010], [15.021]
justice and reasonableness, [15.030]
Caparo test acceptance, [15.034]
case examples, [15.031], [15.032]
public policy, [15.033]
Malaysia, [15.035]
“neighbour principle”
adoption over time, [15.012]
case establishing, [15.010], [15.011]
omission, [15.048]–[15.051]
control of land or dangerous things, [15.056], [15.057]
definition, [15.048]
example, [15.050]
exceptions, [15.051]
harm caused by third party, [15.055]
harshness of rule, [15.051]
judicial comment, [15.049]
special relationship existing between parties, [15.053], [15.054]
undertaking a task, [15.052]
overview, [15.009]
proximity, [15.026]
definition, [15.028], [15.029]
judicial comment, [15.027]
pure economic loss, [15.036]–[15.047]
reasonable foreseeability, [15.021]
defendant specifically affected, [15.022], [15.024], [15.025]
limited liability, [15.023]
two-stage test, [15.03], [15.014], [15.016], [15.017]
Duty of care breach, [15.058]
factors taken into account in considering, [15.068]
harm to plaintiff
potential seriousness, [15.072], [15.073]
probability, [15.069]–[15.071]
steps taken to reduce, [15.074]–[15.076]
value of defendant’s attempted achievement, [15.077], [15.078]
proof of, [15.079]
criminal conviction, [15.088]
res ipsa loquitor, [15.080]
burden of proof, reversal, [15.081], [15.084]
case examples, [15.082], [15.083], [15.087]
judicial commentary, [15.085], [15.086]
standard of care, [15.059], [15.060]
skilled defendant, owed by, [15.061]
Bolam test, [15.065]–[15.067]
case examples, [15.062]–[15.064]
Economic loss. See Pure economic loss
Employee-employer relationship
employee’s express/implied obligations to employer, [16.092]
employers’ rights, [17.073], [17.074]
promotion of employees, [17.075]
Industrial Relations (Amendment) Act 2020, [16.223]–[16.224]
principal Malaysian laws on, [16.001], [16.002]
probationer. See Probationer
workers’ rights, [17.062]
Employment Act 1955
domestic inquiry into misconduct, [16.101]–[16.116]
Employment
casual employees, [16.050]–[16.051]
contract. See Contract of service; Termination of contract of employment
employee’s housing accommodation and amenities, [16.200]–[16.206]
deduction of rent or charge of accommodation, [16.207]-[16.222]
part-time employees, [16.044]–[16.049]
sexual harassment, and, [16.179]–[16.199]
Employment terms and conditions, [16.002], [16.005]
border-straddling estate, [16.015]
exemption or exclusion by Minister, [16.014]
financial crises, [16.012]–[16.013]
Industrial Court, [16.010], [16.011], [16.013]
less favourable terms prohibited, [16.005], [16.006]
more favourable terms permitted, [16.007]
other than statutory provisions, [16.009]
validity, [16.039]
express prohibition, [16.0365
example, [16.040]
matters not provided by legislation, [16.042]
trade unions, [16.043]
English law. See also United Kingdom
acceptance communication, [4.069], [4.070], [4.073]
agency, influence in Malaysia, [14.002]–[14.004]
application in Malaysia, [2.063]–[2.065]
common law, [2.063]
legal system origins, [2.003], [2.007]
objection to, [2.065]
statutes, [2.064]
application in settlements, [2.007]
determination of intent to create legal relationship, [7.007], [7.008]
Malaysian contract law mix of Malaysian law and, [3.022]–[3.038]
reception in Malaysia, [14.002]
Estoppel
agency creation, [14.032], [14.033]
promissory. See Promissory estoppel
Evidence Act 1950
s 92 exceptions to parol evidence rule, [8.019]
ambiguities, [8.034]
conditions precedent, [8.028]
invalidity of documents, [8.020]
separate oral agreement (collateral agreement), [8.021], [8.024]
case examples, [8.022], [8.023], [8.026], [8.027]
inconsistency with main written agreement, [8.024], [8.027]
prevailing, [8.025]
subsequent oral agreement, [8.029]
case examples, [8.030]
usage or custom, [8.031], [8.033]
case examples, [8.031], [8.032]
Exclusion clauses. See Exemption clauses
Exemption clauses
car park example, [9.001]
classification, [9.005]–[9.009]
exclusion clauses, [9.006], [9.007]
examples, [9.007]
weakness, [9.009]
exemption clauses and disclaimers, distinguished, [9.005]
limitation clauses, [9.006], [9.008]
examples, [9.008]
weakness, [9.009]
construction rules, [9.040]
contra proferentum rule, [9.043]–[9.046]
case examples, [9.044]
judicial commentary, [9.045], [9.046]
meaning, [9.043]
fundamental breach doctrine, [9.047]–[9.053]
definition, [9.048]
example, [9.047]
judicial commentary, [9.050]–[9.052]
liability exclusion via exemption clause, [9.049]
natural and ordinary meaning, interpretation according to, [9.041], [9.042]
contract, incorporation into. See Exemption clauses incorporated into contract
overview, [9.001]–[9.004], [9.054]
unfair contract terms, as, [10.045], [10.046]
validity and enforceability
dependent on overcoming hurdles, [9.010], [9.011]
Exemption clauses incorporated into contract, [9.012]
incorporation by notice, [9.027]
clause must be contained in contract, [9.028]–[9.032]
receipt or docket, whether contract, [9.028]
receipt-centred case examples, [9.031]
ticket-centred case examples, [9.029], [9.030], [9.032]
notification of other party before/during contracting, [9.033]
case examples, [9.034], [9.035]
reasonably sufficient notice of clause to be given, [9.036]
incorporation by previous course of dealings, [9.037]
case examples, [9.038], [9.039]
incorporation by signature, [9.013]–[9.017]
case example, [9.015]
exceptions, [9.018]
fraud and misrepresentation, [9.019]–[9.022]
non est factum, [9.024]–[9.026]
unfair contract terms, [9.023]
judicial commentary on importance of signature, [9.013], [9.014], [9.016], [9.017]
Federal Constitution. See also Federation of Malaysia; Legal system in Malaysia
amendment methods, [2.035]
checks and balances, [2.023]
customs recognised as law, [2.073]
framework, [2.015]–[2.032]
fundamental liberties, [2.036], [2.037]
Islam as religion of Federation, [2.022], [2.066]
Islam not defined as law in Constitution, [2.066]
Islam’s special status under Constitution, [2.067]
judicial independence, [2.030]
laws limited by, [2.034]
legal system framework, [2.033]
legislative and executive powers, division, [2.017]
Malayan Constitution as origin of, [2.015]
overview, [2.015], [2.033]
separation of powers, [2.024]
source of law, [2.033]–[2.037]
supreme law of the land, as, [2.022], [2.034]
Westminster style, [2.018], [2.023]
written constitution, [2.018]
Federation of Malaysia. See also Federal Constitution; Legal system in Malaysia
constitutional monarchy, [2.020]
courts. See Court system
executive government, [2.025]
federal government, [2.016]
Islam as religion of, [2.022]
Majlis Raja-Raja (Conference of Rulers), [2.021]
Parliament. See Parliament
separation of powers, [2.024]
challenge to, [2.028]
tripartite legislative body, [2.019]
Westminster style, [2.018]
Yang Di-Pertuan Agong
election, [2.021]
Head of Islam (own State, Penang and Melaka), [2.022]
Head of State, [2.020]
part of tripartite legislative body, [2.019]
powers and restrictions, [2.020]
Financial Services Act 2013
banking law, [22.002], [22.003]
insurance practices’ requirement of interest, [23.040]–[23.043]
misrepresentation, [23.080]–[23.082]
Formation of contract
acceptance. See Acceptance
information request, [4.020]–[4.022]
invitation to treat. See Invitation to treat
overview, [4.001]–[4.013], [4.123]–[4.127]
proposal. See Proposal
reform
necessity, [4.124]
reason, [4.125]
sale of goods. See Sale of goods
Fraud
act or connivance, [11.017], [11.019]
case examples, [11.013], [11.020], [11.024]
connivance, interpretation, [11.017]
contract obtained fraudulently, [11.006]
key element, [11.007]
Contracts Act 1950 s 17, [11.005], [11.010]–[11.025]
burden of proof applicable when proving fraud under, [11.033]–[11.035]
catch-all provision (s 17(d)), [11.023]
features, [11.009]
other legislation, under, [11.025]
silence amounting to fraud, [11.015], [11.026]–[11.032]
definition, [11.005]
exception to exemption clauses incorporated into contract by signature, [9.019]
case example, [9.022]
fraudulent misrepresentation, [9.020]
judicial comment, [9.021]
false representations, [11.006], [11.007]
“induce…to enter into the contract”, [11.016]
inference, [11.018]
intent to deceive, [11.013], [11.020], [11.023]
intention to induce, [11.014]
legislation other than Contracts Act 1950, under, [11.025]
mental element, [11.011]
parties to fraud, [11.010]
promises made without intent to perform, [11.021], [11.022]
silence amounting to fraud, [11.015], [11.026]
active concealment, [11.027]
disclosure duty, [11.029], [11.030]
case counterexamples, [11.031], [11.032]
mere silence not fraud, [11.027], [11.028]
specific performance remedy, [11.008]
supposition/conjecture insufficient, [11.012]
Goods
consumer goods contracts, [3.059]
definition, [21.003]–[21.010]
insurances, [23.026]–[23.030]
case example, [23.027]–[23.029]
sale of. See Sale of goods
Homosexuality
law and morality
Malaysia, [1.044]
UK legalisation, [1.038]–[1.040]
Incapacity. See Capacity
Incorporation
application, [19.034], [19.035]
company as separate legal entity, [19.039]–[19.042]
company name, reservation, [19.033]
effects, [19.038]
piercing the corporate veil, [19.043]–[19.045]
registration, [19.036]
notice as conclusive evidence, [19.037]
veil, lifting, [19.043]–[19.045], [19.044]
Indemnity
contribution. See Contribution
principle, [23.117]–[23.119]
subrogation. See Subrogation
Industry
Code of Conduct for Industrial Harmony 1975, [16.068], [16.074]–[16.080]
Injunctions
cause of action, not, [13.045]
conditions precedent, [13.043]
equitable principles, [13.044]
overview, [13.041], [13.042]
refusal, [13.046]
case examples, [13.047], [13.048]
delay not always disentitling, [13.048]
Innocent misrepresentation, [11.046]
Contracts Act 1950 s 18, under, [11.045]
types of, [11.049]
breach of duty giving advantage, [11.050]
case example, [11.051]
mistake caused, [11.052]
positive assertion, [11.049]
Insurable interest
definition
interest current not expected, [23.010]–[23.013]
legal recognition of insurable interest, [23.014]–[23.016]
pecuniary valuation capability, [23.009]
what constitutes, [23.003]–[23.008]
insurance practices’ time for requiring interest, [23.028]
Financial Services Act 2013, requirement under, [23.040]–[23.043]
life insurance, [23.032]–[23.034]
marine insurance, [23.035]–[23.037]
position in Malaysia, [23.038]–[23.043]
insurances for property and other goods, [23.026]–[23.030]
case example, [23.027]–[23.029]
law development, [23.017]
Life Assurance Act 1774, [23.024], [23.025]
Marine Insurance Act 1745, [23.018]
Marine Insurance Act 1906, [23.019]–[23.023]
overview, [23.046]–[23.048]
policy without interest, effect, [23.044], [23.045]
requirements, [23.001], [23.002]
Insurance
contract of utmost good faith, as, [23.049]–[23.051]
doctrine of proximate cause. See Insurance and doctrine of proximate cause
insurer’s breach of utmost good faith, [23.083]–[23.102]
case example, [23.088], [23.090], [23.094], [23.095]
case laws, [23.086]
consumer-friendly laws, [23.101]
inducement, [23.097]–[23.099]
objective test of reasonableness, [23.087]–[23.089], [23.093], [23.102]
onerous burden, [23.091], [23.092]
prudent insurer, [23.093]
substantive law, [23.085]
misrepresentation. See Misrepresentation in insurance
Muslims, unacceptability to. See Insurance form unacceptable to Muslims
takaful. See Takaful
utmost good faith, [23.103], [23.104]
Insurance and doctrine of proximate cause
approach, [23.109]
chain of events, [23.110]–[23.114]
overview, [23.105], [23.115], [23.116]
perils, definition, [23.106]–[23.108]
takaful, [24.050]–[24.052]
operator not liable for uncovered/excluded peril, [24.053]–[24.054]
Insurance form unacceptable to Muslims
gharar (danger or uncertainty), [24.003], [24.004]
maisir (gambling), [24.005], [24.006]
riba (usury or interest), [24.007]
Intention to create legal relationship
businesses, agreement between, [7.006]
capacity. See Capacity
closely proximate relationship, [7.010]
commercial agreements, [7.022]–[7.034]
case example (UK), [7.026], [7.027]
industry, relevance, [7.031]
memoranda of understanding, [7.032]
objective test, [7.031]
presumption, [7.022]
judicial comment, [7.024], [7.025]
rebuttal, [7.023]
public policy, [7.029]
case example (UK), [7.029], [7.030]
uncertainty as contrary evidence, [7.034]
words used to negate intention, [7.028], [7.033]
common law use, [7.005]
determination under English law, [7.007], [7.008]
family members, agreement between, [7.006]
memoranda of understanding as enforceable agreement, [7.032]
overview, [7.001]–[7.008], [7.054], [7.055]
social and domestic arrangements
case examples (UK), [7.011]–[7.017]
Malaysian application, [7.018]–[7.021]
presumption, [7.009]
relationship of close proximity, [7.010]
words used to negate intention, [7.028]
Interest. See Insurable interest
Invitation to treat, [4.023]–[4.027]
common categories, [4.028]
advertisements, [4.029]–[4.032]
auctions, [4.033]–[4.036]
options, [4.039]–[4.042]
tenders, [4.037], [4.038]
definition, [4.024]
Contracts Act 1950 not providing, [4.023]
presumption and challenge, [4.026]
case example, [4.027]
reasons for making, [4.025]
statement as, [4.019], [4.024]
Islamic Financial Services Act 2013
permissible takaful interest, [24.013]–[24.017]
Islamic law
application in Malaysian legal system, [2.066]–[2.072]
administration of Islam, [2.068]
conflicts between civil and Islamic law, [2.071]
Islam not defined as law in Constitution, [2.066]
Islam’s special status under Constitution, [2.067]
Shariah courts, [2.069], [2.070]
insurance. See Takaful
morality and law intertwined, [1.052]
overview, [2.066]–[2.072]
Yang Di-Pertuan Agong as Head of Islam (own State, Penang and Melaka), [2.022]
Judges
duty to act fairly, [2.060]
principal functions, [2.050]
Judicial decisions
certainty and fairness, [2.060], [2.061]
common law tradition in Malaysia, [2.049], [2.057]
hierarchy of court decisions, [2.058]
lower courts’ attempts to depart from higher courts’ decisions, [2.059]
judges’ principal functions, [2.050]
like cases treated alike, [2.051]
precedent doctrine, [2.051]
application, [2.056]–[2.058]
certainty and fairness, [2.060], [2.061]
obiter dicta, [2.053]
ratio decidendi
binding nature, [2.053], [2.056]
determination difficulty, [2.055]
judges not indicating what constitutes, [2.054]
requirements for effective function, [2.052]
sources of law, as, [2.049]–[2.062]
traditional view, [2.062]
Justice and law, [1.055]–[1.061]
Aristotle, [1.057]
corrective justice, [1.057], [1.060]
distributive justice, [1.057]
law’s achievement of, problems, [1.058]
substantive law illustration of application, [1.059]
justice, origins of concepts, [1.057]
legal system and social order, [1.056]
relationship, [1.055]
social context, [1.060]
“Last in, first out” (LIFO) principle, [16.081], [16.082]
departure from principle, [16.083]
different category or grade, [16.089]
foreign employees, [16.090], [16.091]
poor performance, [16.084]–[16.086]
special skills of junior over senior employees, [16.087], [16.088]
Law
customary law, [2.073]–[2.075]
definition difficulties, [1.001], [1.034]
English law applied in Malaysia, [2.063]–[2.065]
evolving nature, [1.004]
fundamental themes, [1.004], [1.005]
Islamic law and its application in legal system, [2.066]–[2.072]
justice and, [1.055]–[1.061]
morality and, [1.035]–[1.054]
natural. See Natural law
operation not in vacuum, [1.005]
rules, distinguished, [1.006]–[1.008]
social theory and, [1.062]–[1.065]
sources. See Sources of law
variation of notions of, [1.002]
viewpoints, various, [1.003]
what constitutes, [1.001]–[1.003], [1.034], [1.066]
Law of agency
agency relationship, [14.005], [14.006]
contracts, [14.007]
Latin maxim, [14.008]
agent, definition, [14.005]
agent’s duties to principal, [14.037]
authority of agent
breach, [14.040]
scope, [14.034], [14.036]
case example, [14.035]
creation of agency, [14.016], [14.017]
estoppel, [14.032], [14.033]
express appointment, [14.018]
implied appointment, [14.019]–[14.021]
necessity, [14.029]
authority in emergency, [14.031]
case example, [14.030]
criteria, [14.029]
ratification, [14.022]–[14.028]
English law in Malaysia, influence, [14.002]–[14.004]
Civil Law Act 1956 (Mal) ss 3 and 5, [14.002], [14.004]
cut-off dates, [14.003]
estate agency, [14.041]
governing law, [14.001]
principal, definition, [14.005]
principal or agent, becoming
case example, [14.014]
provisions, [14.011]–[14.013]
principal’s duties to agent, [14.038]
privity of contract and, [14.009], [14.010]
termination of agency, [14.039]
types of agents, [14.015]
Law personnel
English legal system features retained in Malaysian system, [2.076]
governing bodies, [2.086]
Legal Aid Bureau, [2.087]
Legal positivism, [1.027]–[1.034]
analytical positivism, [1.028]
Austin, John, [1.028], [1.029]
law, definition, [1.029]
criminal law, [1.030]
criticism, [1.031], [1.032]
Hart
Austin’s definition of law, criticism, [1.032]
description of law, [1.032]
criticism, [1.033]
human law separated from natural law, [1.027]
Legal relationship
creation intention. See Intention to create legal relationship
legal recognition of relationship, [7.003]
agreement void without, [7.004]
meaning, [7.002]
Legal system(s)
overview, [2.001], [2.002]
Legal system in Malaysia
British legacy, [2.003]
common law. See Common law
Constitution. See Federal Constitution
courts. See Court system
English legal system features retained, [2.076]
federal government. See Federation of Malaysia
framework established by Constitution, [2.033]
history, [2.003], [2.014]
adat (customary) law, [2.004]
amalgamation of Malay States and Straits Settlements, [2.011]
British attitudes and policies mingling, [2.009]
British rule, [2.006], [2.010]
complications, [2.008]
English law application to settlements, [2.007]
Federation of Malaya creation, [2.011]
independence, movement towards, [2.012]
Malaysia, formation, [2.013]
Sultanate of Malacca, [2.005]
Islamic law and its application, [2.066]–[2.072]
overview, [2.003]–[2.014], [2.032], [2.088]
Legislation
complexity and volume, [2.040]
executive law making, [2.046]
legislative authority in Malaysia, [2.038]
Parliament. See Parliament
source of law, as, [2.038]–[2.048]
statutory provisions, interpretation, [2.042]
English court precedent, [2.044]
judicial approaches, [2.047], [2.048]
“rules”, [2.044], [2.045]
statutes, [2.043]
Westminster model, [2.038]
Life insurance
insurance practices’ time for requiring interest, [23.032]–[23.034]
Limited liability partnership. See also Business
accounts and other records, [20.019]
advantages and disadvantages, [20.006]
agreement, [20.010], [20.011]
annual declaration, [20.018]
Companies Commission of Malaysia, [20.014]
compliance officer, [20.015]–[20.017]
conversion into, [20.023]–[20.032]
essentials, [20.004], [20.005]
formation, [20.007]
overview, [20.001]–[20.003]
partners
liability, [20.020]–[20.022]
relationship between, [20.009]
professional practice, [20.008]
registration, [20.012]–[20.014]
winding-up and dissolution, [20.033]–[20.035]
Litigation, [2.076]–[2.088]
English legal system features retained in Malaysian system, [2.076]
Malaysia. See Federation of Malaysia
Marine insurance
insurance practices’ time for requiring interest, [23.035]–[23.037]
Marine Insurance Act 1745, [23.018]
Marine Insurance Act 1906, [23.019]–[23.023]
Mental disorder
capacity to contract of persons of unsound mind, [7.045]
caution, critical thought and evaluation, [7.048]
sound mind, [7.045]–[7.047]
unsound mind contracting during lucidity, [7.049], [7.050]
revocation of proposal due to proposer’s mental disorder, [4.109]
Minimum retirement age
aged nation status of Malaysia, [16.166]
Employee Provident Fund’s 2011 statistics, [16.167]
increase
benefits, [16.166]
Malaysian Trades Union Congress, [16.165]
Minimum Retirement Age Act 2012, [16.163]
before enactment, [16.162]
inapplicability, [16.168]
retirement, definition, [16.164]
Minister of Human Resources, [16.178]
optional retirement, [16.177]
premature retirement, complaint of, [16.172]–[16.175]
retirement age clause, [16.169]
Minors
capacity to contract, [7.037], [7.041]
adults contracting with, [7.038]
case example, [7.039]
determination of minority, [7.040]
employment contracts, [7.0425], [7.043]
exceptions to inability to contract, [7.042]
legal protection, [7.038]
scholarship contracts, [7.044]
Misconduct
definition, [16.092]
termination of employment contract for, [16.053]–[16.054], [16.092]–[16.096]
breach of employee’s express/implied obligations to employer, [16.092]
domestic inquiry, [16.097]–[16.100]
position under Employment Act 1955, [16.101]–[16.116]
employer disciplining employee, [16.095]
Industrial Court commentary, [16.093], [16.096]
natural justice, [16.097], [16.101], [16.109], [16.113]–[16.116]
sources of misconduct, [16.094]
types of misconduct, [16.093]
Misrepresentation
defeating case, [11.048]
exception to exemption clauses incorporated into contract by signature
case example, [9.022]
fraudulent misrepresentation, [9.020]
judicial comment, [9.021]
innocent, [11.046]
Contracts Act 1950 s 18, under, [11.045]
types of, [11.049]–[11.052]
insurance. See Misrepresentation in insurance
ordinary diligence and, [11.038], [11.041]
case examples, [11.042], [11.043]
extraordinary diligence, [11.044]
judicial commentary, [11.039], [11.040]
overview, [11.036], [11.037], [23.052]
proof of, [11.045]–[11.048]
inducement and materiality of false statement, [11.047]
what constitutes, [11.037]
Misrepresentation in insurance
influencing judgment of prudent underwriters, [23.063]–[23.072]
insurer’s disclosure duty, [23.059]
material facts, determination of, [23.060]–[23.062]
non-disclosure and, [23.055]–[23.058]
overview, [23.052]–[23.054]
pre-contractual disclosure duty
consumer insurance contracts
Financial Services Act 2013, misrepresentation under, [23.080]–[23.082]
legislation, [23.075]–[23.079]
non-consumer insurance contracts, [23.073], [23.074]
Mistake, [11.053], [11.054]
consensus ad idem absent, [11.057]
error in judgment/opinion, distinguished, [11.058]
innocent misrepresentation, [11.052]
law, as to, [11.059], [11.061]
case example, [11.060]
mistake caused by one party is no mistake, [11.062]
proof of, [11.055]–[11.058]
operative mistake, [11.055]
pattern, [11.056]
Morality and law
abortion, [1.041], [1.045]
business ethics, [1.053]
cases exemplifying debate between private morality and state intervention (US), [1.041]
convergence/divergence of values, [1.035]
corporate affairs, [1.054]
Devlin
Hart’s opposition, [1.048]–[1.050]
private morality outside law disputed, [1.047]
social disintegration, [1.046]
harm principle, [1.037]
Hart’s opposition of Devlin, [1.048]–[1.050]
homosexual conduct legalisation (UK), [1.038]–[1.040]
homosexuality (Malaysia), [1.044]
Islamic law, [1.052]
legal enforcement of moral values, [1.036], [1.046]
liberal utilitarianism, [1.037]
Malaysia, [1.051]
abortion, [1.045]
corporate affairs, [1.054]
ethical conduct in business, [1.053]
homosexuality, [1.044]
Islamic law, [1.052]
Mill, JS, [1.037]
personal privacy, [1.041], [1.042]
relationship, [1.035]
societal mores, variation, [1.043]
societal value changes prompting legal changes (UK), [1.040]
United Kingdom, [1.038]–[1.040]
United States, [1.041]
Wolfenden Committee, [1.038], [1.039]
Murder
natural law, [1.014]
Natural justice, [16.097], [16.101], [16.109], [16.113]–[16.116]
conventional justice, distinguished, [1.011]
Natural law, [1.009]–[1.026]
Aquinas, Thomas, [1.015]
“crimes against humanity”, [1.024]
decline, [1.023]
definition by Cicero, [1.013]
development as legal concept and philosophy, [1.017]
God and, [1.013]
higher universal law and laws of man, [1.025]
international justice and human rights, [1.026]
legal positivism. See Legal positivism
Locke, [1.019]
main assertion of proponents, [1.010]
meaning, evolution, [1.009]
Montesquieu, [1.020]
murder, [1.014]
natural and conventional justice, distinguished, [1.011]
natural rights violations, tool against, [1.018]
Locke, [1.019]
Montesquieu, [1.020]
Rousseau, [1.021]
philosophy, as, [1.009], [1.017]
political will expression, [1.022]
revolutions and, [1.022]
Rousseau, [1.021]
tyrants’ laws contrary to divine law, [1.016]
World War II, after, [1.024]
Negligence
defences, [15.114]
contributory negligence, [15.115]–[15.120]
ex turpi causa non oritur actio, [15.121]–[15.123]
illegality, [15.121]–[15.123]
case example, [15.122]
voluntary assumption of risk, [15.124]–[15.131]
definition, [15.005]
Donoghue v Stevenson, [15.006], [15.008]
duty of care. See Duty of care
elements, [15.005]–[15.008]
English law, [15.006]
establishing, [15.007]
history, [15.006]
unfairness of contract term excluding liability, [10.045]
Non est factum
exception to exemption clauses incorporated into contract by signature, [9.024]–[9.026]
case example, [9.025]
application of principles/law, [9.026]
history, [9.024]
meaning, [9.024]
scope of doctrine, [9.025]
Notice
proposal revocation, [4.091]–[4.101]
Offer. See Proposal
Options
invitations to treat, as, [4.039]
Low Kar Yit v Mohamed Isa, [4.040]–[4.042]
Oral contracts
acceptance case example, [4.057]
evidence, importance, [4.058]
evidence of, sufficiency, [3.010]
example, [3.010]
Bonanza case, [3.011]
issue resolution steps. See Oral/partly oral contract term issue resolution steps
making contracts orally, [3.005], [3.010], [3.011]
overview, [8.035]–[8.037]
partly oral and partly written contracts. See Partly oral and partly written contracts
Oral/partly oral contract term issue resolution steps, [8.036], [8.057]
categorisation of terms, [8.053], [8.057]
conditions and warranties, [8.054]–[8.058]
breach remedies, [8.066]–[8.068]
condition breach, [8.059]–[8.061]
distinguishing between, [8.069]–[8.081]
warranty breach, [8.062]–[8.065]
express terms, [8.082]
implied terms, [8.083]–[8.087]
terms implied by court, [8.094]–[8.105]
terms implied by statute, [8.088]–[8.093]
determination of nature of statement, [8.038]
puffery, [8.039], [8.040]
“term” or “representation”, [8.041]–[8.046]
binding or non-binding nature, [8.042]
intention, [8.043]–[8.046]
“term” or “representation” – factors to determine intention
special knowledge and relative skill factor, [8.050]–[8.052]
statement factor, importance, [8.049]
time factor, [8.047]
writing factor, [8.048]
rescission and repudiation, [8.068]
Parliament
bicameral, [2.019]
Dewan Negara, [2.019], [2.039]
Dewan Rakyat, [2.019], [2.039]
first meeting of first session, [2.039]
parliamentary supremacy nonapplication, [2.034]
power to make laws, [2.041]
statutory provisions, [2.042]
tripartite legislative body, part of, [2.019]
Parol evidence rule
common law, in, [8.006]–[8.010]
entire agreement clause, [8.009]
exceptions, [8.010]
extrinsic evidence, [8.006]
oral evidence, [8.006]
parol evidence “presumption”, [8.007]
strict adherence slowly changing, [8.008]
definition, [8.006]
Evidence Act 1950 s 92 exceptions, [8.019]
ambiguities, [8.034]
conditions precedent, [8.028]
invalidity of documents, [8.020]
separate oral agreement (collateral agreement), [8.021], [8.024]
case examples, [8.022], [8.023], [8.026], [8.027]
inconsistency with main written agreement, [8.024], [8.027]
prevailing, [8.025]
subsequent oral agreement, [8.029]
case examples, [8.030]
usage or custom, [8.031], [8.033]
case examples, [8.031], [8.032]
Malaysia, in, [8.011]–[8.018]
case examples, [8.014]–[8.016]
codification, [8.011]
Evidence Act 1950 s 92
exceptions, [8.019]–[8.034]
restrictions, [8.017], [8.018]
statutory provisions, [8.012]
interpretation, [8.013]
Partly oral and partly written contracts
issue resolution steps. See Oral/partly oral contract term issue resolution steps
overview, [8.035]–[8.037]
Partnership. See also Business
advantages and disadvantages, [18.013]
definition, [18.006]
dissolution or termination, [18.033]
authority of partners after dissolution, [18.036], [18.037]
notice of dissolution, [18.034], [18.035]
fundamentals, [18.007]–[18.011]
legal persona, [18.012]
limited liability. See Limited liability partnership
partner’s share, transfer and assignment of, [18.025]
assignee, [18.025]
partners
duties, [18.016]
outsiders, [18.017]–[18.020]
relationship between, [18.014]–[18.016]
partners’ liability, [18.026]
holding out as partner, from, [18.031], [18.032]
new partner, [18.027]
retired partner, [18.028]–[18.030]
partnership agreement, [18.014]–[18.016]
property, [18.021]–[18.024]
registration procedure, [18.039]–[18.042]
Past consideration
common law, [5.031]
case examples, [5.031], [5.033]
exception case example, [5.032]
good consideration, when, [5.033], [5.034]
Malaysia, in, [5.035]
case examples, [5.038]–[5.040]
common law exception, [5.037]
Contracts Act 1950, [5.035], [5.036], [5.041]
voluntary act of promisee, [5.041], [5.042]
prohibition, [5.029], [5.030]
exception case example, [5.032]
Personal injury
Tribunal of Consumer Claims’ lack of jurisdiction, [10.045], [10.047]
Positivism. See Legal positivism
Pre-incorporation contracts, [19.026]
position in UK and Malaysia, [19.027]–[19.030]
Precedent doctrine, [2.051]
application, [2.056]–[2.058]
certainty and fairness, [2.060], [2.061]
obiter dicta, [2.053]
ratio decidendi
binding nature, [2.053], [2.056]
determination difficulty, [2.055]
judges not indicating what constitutes, [2.054]
requirements for effective function, [2.052]
Privacy
morality and law, [1.041], [1.042]
Privity of contract
agency and, [14.009], [14.010]
Probationer
claims against dismissal without just cause or excuse, [16.161]
judicial commentary, [16.152], [16.153], [16.159], [16.160]
meaning, [16.151]
rights, [16.154], [16.155]
service continued, [16.134], [16.135]
status, [16.158]
suitability, [16.159]
termination of service, [16.160]
warning, [16.158]
Procedural unfairness
CPA 1999, [10.025]
decision on unfairness, making, [10.029], [10.030]
negotiation stage, unfairness during, [10.026]
substantive unfairness, resulting in, [10.027]
substantive unfairness and, under CPA 1999, [10.025]
Law Commission of India’s report, [10.025], [10.028]
Promissory estoppel. See also Consideration
Australia
1980s arrival and early use, [6.024]
landmark judicial decision, [6.025], [6.028]
parties’ pre-existing contractual relationship requirement obviated, [6.027]
“shield” not “sword” requirement overturned, [6.026]
England
consideration, importance, [6.018]
later liberal approach, [6.019], [6.020]–[6.021]
promissory estoppel requirements, [6.022], [6.023]
tradition and reluctance, [6.018]
evolution and usefulness, [6.047], [6.048]
High Trees case, [6.005]–[6.009]
limitations, [6.010]
party’s contractual rights suspended, [6.016]
pre-existing contractual relationship required, [6.013]
requirement obviated, [6.027], [6.032]–[6.033]
representation or promise
intended to affect and effective, [6.015]
precise and unambiguous, [6.014]
“shield” and not “sword”, [6.011], [6.026]
case example, [6.012]
limits stretched, [6.017]
Australia, [6.024]–[6.028]
England, [6.018]–[6.023]
Malaysia, [6.029]–[6.033]
Malaysia, [6.029]
Boustead Trading case, [6.029]–[6.031]
“clean hands” requirement, [6.033]
judicial observations, [6.030]
parties’ pre-existing contractual relationship requirement obviated, [6.032]–[6.033]
origin and development, [6.004]–[6.009]
consideration not involved, [6.006]
early case, [6.004]
later recognition as landmark, [6.005]
High Trees case, [6.005]–[6.009]
Foakes v Beer, [6.008], [6.009]
inconsistency with two major decisions, [6.009]
modern doctrine created by, [6.007]
overview, [6.001]–[6.003], [6.049]
Walton Stores (Interstate) Ltd v Maher, [6.025]–[6.028]
Promoters, [19.015], [19.016]
disclosure of interest, [19.018]
remedies for non-disclosure, [19.019]
damages, [19.025]
recovery of profit, [19.023], [19.024]
rescission of contract, [19.020]–[19.022]
fiduciary duties, [19.017]
Property
insurances, [23.026]–[23.030]
case example, [23.027]–[23.029]
Proposal
communication of, [4.046]–[4.051]
acceptance motive, [4.051]
case example, [4.049]
effect, [4.048]
knowledge of proposee required, [4.047], [4.050]
means of communication, [4.046]
Contracts Act 1950 s 2(a), [4.014]
counter offers
case examples, [4.114], [4.115]
modification of initial proposal by proposee, [4.112], [4.113]
negotiations, common in, [4.116]
revocation, not, [4.112]
examples of analysis of existence, [4.006], [4.007]
expression, [4.015]
information request
case examples, [4.021], [4.022]
meaning, [4.020]
intention to create binding agreement, [4.018]
knowledge requirement, [4.016]
offer and, interchangeable use of terms, [4.015]
reform
necessity, [4.124]
reason, [4.125]
requirement to make business and economic sense, [4.043]–[4.045]
case example, [4.043]
effect of not making sense, [4.045]
principle, [4.044]
revocation. See Proposal revocation
statement as invitation to treat, [4.019]
statement to be expression, [4.015]
termination at common law. See also Proposal revocation
counter offers, [4.112]–[4.116]
test for, objective, [4.008]
case examples, [4.009], [4.010]
willingness to contract, [4.017]
Proposal revocation, [4.087]
common law, [4.093], [4.097]
English cases, [4.094], [4.095]
communication, [4.091], [4.099], [4.100]
third party, by, [4.096]
condition precedent unfulfilled, [4.104]
burden, [4.107]
case examples, [4.105], [4.106]
statutory provisions, [4.108]
counter offers, [4.112]–[4.116]
death or mental disorder of proposer, [4.109]
agent proposer, [4.110]
knowledge of proposee, [4.109]
obligations only proposer can fulfil included, [4.111]
forms, [4.090]
general rule, [4.099], [4.100]
lapse of time, [4.102], [4.103]
mala fide, [4.098]
notice, [4.091]–[4.101]
common law, [4.093], [4.097]
English cases, [4.094], [4.095]
effectiveness, [4.091], [4.092]
telegrams, [4.101]
statutory provision, [4.089]
telegrams, [4.101]
time for, [4.087]
case example, [4.088]
time lapse, [4.102], [4.103]
Proximate cause doctrine. See Insurance and doctrine of proximate cause
Pure economic loss
case example, [15.044]
duty of care, [15.036]–[15.047]
connection with damage type, [15.046]
contractual matrix, [15.047]
defective structures and products, [15.043]
English courts’ caution, [15.042]
negligent misstatements, [15.041]
proximity, [15.045]
special relationship between parties, [15.040]
criteria, [15.039]
history, [15.036], [15.037]
Ratification
agency creation by
conditions for ratification, [14.028]
consequence of ratification, [14.025]
case example, [14.027]
statutory provision, [14.025], [14.026]
methods, [14.023]
principal’s options for ratification, [14.024]
definition, [14.022]
Registered companies, [19.008]
companies limited by guarantee, [19.010]
companies limited by shares, [19.009]
unlimited companies, [19.011]
Remedies for contract
damages. See Damage(s)
injunctions, [13.041]–[13.045]
refusal, [13.046]–[13.048]
overview, [13.061]–[13.065]
rescission, [8.068], [13.049]–[13.057]
restitution, [13.058]–[13.060]
specific performance, [13.036]–[13.039]
refusal circumstances, [13.040]
Remedies in tort, [15.132]
damages in tort, [15.133]–[15.142]
exemplary and aggravated, [15.156]–[15.164]
extra-judicial remedies, [15.169]
Rescission
case examples, [13.051], [13.057]
effect, [13.055]
judicial comment, [13.052]
overview, [13.049], [13.050]
principles, [13.054]
rescission for breach and ab initio, distinguished, [13.053]
voidable contract, [13.056]
Restitution, [13.058]
circumstances for, [13.060]
example, [13.059]
Retirement
definition, [16.164]
maximum age, [16.170], [16.171]
minimum age. See Minimum retirement age
Revocation
acceptance, of, [4.117]
acceptor’s advantages, [4.119]
communication, [4.118]
Contracts Act 1950 s 3, [4.121]
environment for judicial creativity, [4.122]
general rule, [4.099]
postal acceptance, [4.120]
timing, [4.117], [4.118], [4.120]
proposal, of. See Proposal revocation
Risk. See Voluntary assumption of risk
Rules and law
distinguished, [1.006]
law as rules, difficulties, [1.007]
relationship, [1.008]
SAC. See Shariah Advisory Council (SAC)
Sale of goods
conditions and warranties, [21.020]–[21.023]
consumer protection. See Consumer protection
contract, [21.012]–[21.015]
formalities, [21.016]–[21.019]
formation, [21.011]
implied terms, [21.024]–[21.031]
performance, [21.044], [21.045]
contract breach remedies, [21.046]–[21.048]
nemo dat quod non habet, [21.032]–[21.035]
transfer of property, [21.032]–[21.043]
Sale of Goods Act 1957
applicability, [21.002]
Sexual harassment, [16.179]–[16.169]
Shariah Advisory Council (SAC)
permissible takaful interest resolution before Islamic Financial Services Act 2013, [24.012]
takaful, resolution on
ruling, [24.030]
ruling basis, [24.031]–[24.034]
Shariah courts, [2.069], [2.070]
Singapore
consumer, definition, [10.011]
Social theory and law
Durkheim, Emile, [1.063]
Engels, Friedrich, [1.064]
Marx, Karl, [1.064]
classless society, [1.065]
legal system, [1.065]
overview, [1.062]
Weber, Max, [1.063]
Sole proprietorship. See also Business
advantages and disadvantages, [18.005]
definition, [18.004]
registration procedure, [18.039]–[18.042]
Sound mind
Contracts Act 1950, under, [7.045], [7.046]
definition, [7.045]
evidence requirement, [7.047]
unsound mind contracting while sound, [7.050]
Sources of law
customary law, [2.073]–[2.075]
English law applied in Malaysia, [2.063]–[2.065]
Federal Constitution, [2.033]–[2.037]
Islamic law and its application in legal system, [2.066]–[2.072]
judicial decisions, [2.049]–[2.062]
legislation, [2.038]–[2.048]
litigation, court system and law personnel, [2.076]–[2.088]
Specific performance
case example, [13.037]
equitable principles applicable, [13.038]
origins, [13.038]
overview, [13.036]
preconditions, [13.039]
refusal circumstances, [13.040]
Subrogation. See also Contribution
definition, [23.120]–[23.122], [24.040]
nature, [23.123], [23.124]
operation of doctrine, [23.125]–[23.127]
principle of indemnity, [23.117]–[23.119]
takaful, [24.040]–[24.044]
Substantive unfairness, [10.031]
CPA 1999, [10.025], [10.031]
decision whether unfair, making, [10.033]
“harsh”, “oppressive” and “unconscionable” terms undefined, [10.032]
procedural unfairness and, under CPA 1999, [10.025]
Law Commission of India’s report, [10.025], [10.028]
procedural unfairness resulting in, [10.027]
Takaful
contribution, [24.045]–[24.049]
insurance unacceptability for Muslims
gharar (danger or uncertainty), [24.003], [24.004]
maisir (gambling), [24.005], [24.006]
riba (usury or interest), [24.007]
nominees, [2.018]]
overview, [24.001], [24.002], [24.055]–[24.057]
permissible takaful interest, [24.011]
Islamic Financial Services Act 2013, under, [24.013]–[24.017]
SAC resolution before Islamic Financial Services Act 2013, [24.012]
proximate cause principle, [24.050]–[24.052]
takaful operator not liable for uncovered/excluded peril, [24.053]–[24.054]
Qur’an and Sunnah, [24.008]–[24.010]
subrogation, [24.040]–[24.044]
Takaful and utmost good faith doctrine
breach of utmost good faith in takaful
legal consequences, [24.039]
misrepresentation, [24.023], [24.024]
non-disclosure, [24.025]–[24.029]
misrepresentation under Islamic Financial Services Act 2013, [24.035]–[24.038]
principle, [24.019]–[24.022]
SAC resolution
ruling, [24.030]
ruling basis, [24.031]–[24.034]
Tenders
case examples, [4.037], [4.038]
invitations to treat, as, [4.037]
response to, as proposal, [4.037]
Termination of contract of employment
benefits, [16.066]
acceptance no bar to later challenge of dismissal, [16.069], [16.070]
Code of Conduct for Industrial Harmony, [16.068]
judicial comment, [16.067]
contract for specified period of time/work performance, [16.052]
contract for unspecified period of time, [16.052]
employer’s qualified right to terminate, [16.057]
“last in, first out” (LIFO) principle, [16.081], [16.082]
departure from principle, [16.083]
different category or grade, [16.089]
foreign employees, [16.090], [16.091]
poor performance, [16.084]–[16.086]
special skills of junior over senior employees, [16.087], [16.088]
managerial powers exercised bona fide, [16.056]
misconduct, for, [16.053]–[16.054], [16.092]–[16.096]
definition, [16.092]
domestic inquiry, [16.097]–[16.100]
position under Employment Act 1955, [16.101]–[16.116]
natural justice, [16.097], [16.101], [16.109], [16.113]–[16.116]
notice, with, [16.053], [16.055], [16.060], [16.061]
length of notice, [16.054]
notice, without, [16.062], [16.063]
reasons for termination by employer, [16.053]
retirement age. See Minimum retirement age
retrenchment, [16.060], [16.080]
Code of Conduct for Industrial Harmony, [16.078]–[16.080]
employer’s right, [16.058]
spurious use, [16.059]
unavoidable, measures where, [16.078]
special reasons, for, [16.053]–[16.054]
“union busting”, [16.059]
voluntary separation scheme, [16.071]–[16.073]
wages payment
breach of contract, [16.120]–[16.122]
normal termination, [16.119]
special circumstances, [16.120]–[16.122]
Terms of contract
determination by court, [4.005]
express terms, [8.082]
implied terms, [8.083]–[8.087]
case example, [8.086]
common law courts, [8.084]
conditions to be satisfied for, [8.084]
sale of goods contracts, [21.024]–[21.031]
terms implied by court, [8.094]
terms implied in fact, [8.098]–[8.104]
terms implied in law, [8.105]
terms implied through custom and usage, [8.095]–[8.097]
terms implied by statute, [8.088]–[8.093]
additional provisions, [8.091], [8.093]
case examples, [8.090], [8.092]
statutes commonly used, [8.089]
oral contracts. See Oral contracts
overview, [3.048], [8.001]–[8.004], [8.106]
partly oral and partly written contracts. See Partly oral and partly written contracts
unfair. See Unfair contract terms
written contracts. See Written contracts
Torts
definition, [15.001]–[15.003]
function of the law of tort, [15.004]
remedies. See Remedies in tort
Trade unions
collective bargaining/agreements, [17.104]–[17.107]
consultative bodies, [17.098]–[17.102]
definition, [17.008]–[17.010]
Director-General of Trade Union, discretion of, [17.032]–[17.033]
dissolution, [17.089]
elections, conduct, [17.097]
employers’ rights, [17.073], [17.074]
promotion of employees, [17.075]
employment terms and conditions, [16.043]
general meetings, conduct, [17.097]
industrial actions, [17.108]–[17.111]
membership
contractual restrictions, [17.052]–[17.054]
dismissed workers, [17.059]–[17.061]
eligibility, [17.037]–[17.039]
migrant workers, [17.055]–[17.058]
public sector unions, [17.045]–[17.049]
restrictions, [17.040]–[17.042]
structure, [17.043], [17.044]
officers, [17.090]–[17.092]
organisation right, [17.011], [17.012]
International Labour Organisation (ILO) Conventions, [17.013]–[17.014]
overview, [17.001]–[17.007], [17.112], [17.113]
public sector union membership
restrictions, [17.045]–[17.049]
statutory and local authorities unions, [17.050], [17.051]
recognition, [17.103]
registration, [17.076]–[17.078]
application, [17.079]
cancellation, [17.082]–[17.087]
consequences, [17.088]
failure, consequences, [17.088]
refusal, [17.076]–[17.078], [17.080], [17.081]
rights and liabilities
immunity from civil suits, [17.067]–[17.069]
liability in tort, [17.070], [17.071]
limitation on union activities, [17.072]
relevance of registration, [17.063]
restraint of trade, [17.064]–[17.066]
secret ballot, [17.093]–[17.096]
similarity of industries
Director General of Trade Unions, decision by, [17.034]
finality clauses, [17.035], [17.036]
types
federation of trade unions, [17.027]–[17.031]
in-house unions, [17.023]–[17.026]
national unions, [17.017]–[17.020]
regional unions, [17.021], [17.022]
state-wide unions, [17.021], [17.022]
workers’ rights, [17.062]
Treat. See Invitation to treat
Tribunal for Consumer Claims
CPA 1999 s 104, [10.042]
establishment purpose, [10.043]
exemption clause substantively unfair, [10.045], [10.046]
jurisdiction, [10.041], [10.042]
exclusive jurisdiction over consumer contracts, [10.044]
parties’ choice of venue, [10.042]
personal injury or death claims, no jurisdiction over, [10.045], [10.047]
purposive approach, [10.043]
unfairness of contract term excluding liability for negligence, [10.045]
Unfair contract terms, [10.004]
burden of proof, [10.034]
common law jurisdictions, in, [10.004]–[10.012]
Australia, [10.007]–[10.010]
consumer, variable definition, [10.011]
Hong Kong, [10.007]
United Kingdom, [10.005], [10.006]
CPA 1999 Pt IIIA, [10.021]–[10.028], [10.039]–[10.048]
effect, [10.035]
“inequality of bargaining power” doctrine application, [10.014]
arguments for and against application, [10.020]
conflicting legal interests, balancing, [10.018], [10.019]
judicial commentary, [10.015], [10.016]
liberal application of doctrine, [10.015], [10.016]
Malaysian adoption, [10.017]
Malaysia, in, [10.012]
recent legislation, [10.013]
previous recourse, [10.014]
non-compliance with CPA 1999 provisions, effect, [10.036], [10.037]
overview, [10.001]–[10.003], [10.049]
procedural unfairness, [10.029], [10.030]
substantive unfairness, [10.031]–[10.033]
United Kingdom. See also English law
homosexual conduct legalisation, [1.038], [1.039]
law and morality, [1.038]–[1.040]
promissory estoppel limits stretched, [6.018]–[6.023]
proposal revocation at common law, [4.094], [4.095]
societal value changes prompting legal changes (UK), [1.040]
unfair contract terms, [10.005], [10.006]
Wolfenden Committee, [1.038], [1.039]
United States
abortion, [1.041]
cases exemplifying debate between
private morality and state intervention, [1.041]
law and morality, [1.041]
personal privacy, [1.041]
Unsound mind
capacity to contract of persons of unsound mind, [7.045]
caution, critical thought and evaluation, [7.048]
sound mind, [7.045]–[7.047]
unsound mind contracting during lucidity, [7.049], [7.050]
revocation of proposal due to proposer’s mental disorder, [4.109]
Vitiating factors
fraud, [11.005]–[11.009]
Contracts Act 1950 s 17, [11.005], [11.010]–[11.025]
burden of proof applicable when proving fraud under, [11.033]–[11.035]
features, [11.009]
silence amounting to fraud, [11.015], [11.026]–[11.032]
misrepresentation, [11.036], [11.037]
innocent, [11.045], [11.046], [11.049]–[11.052]
ordinary diligence and, [11.038]–[11.044]
proof of, [11.045]–[11.048]
mistake, [11.053], [11.054]
law, as to, [11.059]–[11.061]
mistake caused by one party is no mistake, [11.062]
proof of, [11.055]–[11.058]
overview, [11.001]–[11.004], [11.063], [11.064]
Voluntary assumption of risk, [15.124], [15.128]
Caparo applied, [15.130]
judicial commentary, [15.126], [15.127], [15.130]
knowledge of risk of injury insufficient, [15.126]
Malaysia, [15.131]
successful use of defence, [15.129]
volenti non fit injuria, [15.125]
Wages
deductions from, [16.004]
definition, [16.003], [16.117]
exclusions, [16.003], [16.117]
Minimum Wages Order, [16.123]–[16.124]
Minimum Wages Order 2018, [16.125]–[16.128]
Minimum Wages Order 2020, [16.129]–[16.134]
payment. See Wages payment
priority over other debts, [16.004]
service charge and minimum wages, [16.139]-[16.140]
wage period, meaning, [16.118]
Wages payment, [16.004]
breach of contract, [16.120]–[16.122]
contractor for labour
definition, [16.141]–[16.142]
liability, [16.143]–[16.150]
Minimum Wages Order, [16.123]–[16.124]
domestic servant, inapplicable to, [16.138]
Minimum Wages Order 2018, [16.125]–[16.128]
Minimum Wages Order 2020, [16.129]–[16.134]
non-wages payments, [16.136]
normal termination, [16.119]
principals, liability of, [16.143]–[16.150]
restructuring method, [16.135]–[16.138]
service charge and minimum wages, [16.139]-[16.140]
special circumstances, [16.120]–[16.122]
Warranties. See Conditions and warranties
Words and phrases
agent, [14.005]
agreement, [3.016]
auction, [4.033]
bank, [22.009], [22.010]
banker, [22.009], [22.010]
commerce, [21.001]
company, [19.005]
competence, [3.066]
condition, [8.056]
consent, [3.046]
consideration, [5.004]–[5.009]
consumer, [10.011]
consumer contract, [10.009]
contract of service, [16.016]
contractor for labour, [16.141]–[16.142]
contracts, [3.001]–[3.004], [3.067]
contribution, [23.130], [23.131], [24.045]
damages, [13.001]
fraud, [11.005]
frustration, [12.067], [12.068]
fundamental breach, [9.048]
genuine pre-estimate, [13.029]
goods, [21.003]–[21.010]
invitation to treat, [4.024]
law defined by Austin, [1.029]
law definition difficulties, [1.001], [1.034]
negligence, [15.005]
offer, [4.014]
omission, [15.048]
parol evidence rule, [8.006]
partnership, [18.006]
perils, [23.106]–[23.108]
principal, [14.005]
proximity, [15.028], [15.029]
ratification, [14.022]
retirement, [16.164]
sale by auction, [4.034]
sole proprietorship, [18.004]
sound mind, [7.045]
subrogation, [23.120]–[23.122], [24.040]
torts, [15.001]–[15.003]
trade unions, [17.008]–[17.010]
unfair term, [10.024]
wage period, meaning, [16.118]
wages, [16.003], [16.117]
exclusions, [16.003], [16.117]
warranty, [8.056]
Workplace sexual harassment, [16.179]–[16.169]
Written contracts, [8.005]
Contracts Act 1950 references to, [3.007]
examples, [3.008], [3.009]
making contracts by writing, [3.005]–[3.009]
parol evidence rule in common law, [8.006]–[8.010]
parol evidence rule in Malaysia, [8.011]–[8.018]
Evidence Act 1950 s 92 exceptions, [8.019]–[8.034]
partly oral and partly written contracts. See Partly oral and partly written contracts
Yang Di-Pertuan Agong
Attorney General, appointment of, [2.031]
election, [2.021]
Head of Islam (own State, Penang and Melaka), [2.022]
Head of State, [2.020]
part of tripartite legislative body, [2.019]
powers and restrictions, [2.020]
Special Court, [2.080]